Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Members for the debate and the genuine views expressed by all. I also thank the Labour Party for bringing this important Bill before the House and acknowledge the work of Senator Moynihan in association with her party colleagues. As has been outlined by her, the primary purpose of this Bill is to restrict the submission of change of use planning applications in respect of student accommodation developments where such proposals relate to change of use to permanent residential accommodation or a hotel, hostel, aparthotel or similar visitor or tourist accommodation. The Bill further provides that such restriction on the submission of change of use planning applications shall be for a period of 15 years from the completion of the development.

While the Government is not opposing this Bill primarily and absolutely in recognition of the difficulties relating to student accommodation and the need to further address this issue, I have a few reservations regarding its content. The Bill seeks to operate retrospectively by imposing restrictions on student accommodation planning permissions that have been granted. This is not possible as legislation can only be applied prospectively. The Bill also undermines the neutrality of the planning code along with other key principles underpinning it, including the right of an individual to submit development proposals for consideration and have them assessed in a fair and transparent manner while it also predetermines the outcome of any such planning applications to be submitted. I also have concerns about the restriction of the submission of student accommodation change of use planning applications for a period of 15 years from the completion of the development. Such restrictions would apply irrespective of any change in circumstances relating to the development concerned and would thereby be an infringement of the rights of the property owners concerned to respond to any such change in circumstances and could be open to legal challenge. There is no question that like virtually all sectors of the economy, the student accommodation sector has been adversely affected by the Covid-19 pandemic. Students have had to operate remotely from home and off campus for a considerable period, thereby impacting on the demand for and use of student accommodation complexes in turn impacting on their viability and business model. This has led to the submission of some planning applications for change of use of student accommodation facilities to residential or hostel-type use on a temporary basis.

However, with the return to campus-based delivery of higher education, this situation has changed and matters are returning to normal. Notwithstanding the changed scenario, my Department responded to the situation relating to the submission of change of use planning applications by issuing a clear circular in September requesting that when considering student accommodation change-of-use applications, planning authorities and An Bord Pleanála satisfy themselves that there are compelling non-Covid-related grounds to grant permission for any such proposed change of use while demand for student accommodation remands high. In effect, change of use from student accommodation to tourist accommodation or other purposes, either temporarily or permanently, should not be granted unless the property owner can adequately demonstrate that there are compelling reasons for doing so. It is considered that this approach, which is aimed at maintaining the maximum availability of accommodation for students in designated student accommodation facilities, addresses many of the issues underpinning this Private Members' Bill at this point in time. However, should there be any further change in circumstances, my Department will reflect on the situation and come forward with further responses, as appropriate, including any further legislative changes that may be required.

The recently published Housing for All action plan recognises the need to create a long-term sustainable housing system for all of Ireland that will benefit all those seeking affordable and secure accommodation, including the growing student population.My Department is working closely with the Department of Further and Higher Education, Research, Innovation and Science to deliver on this commitment.

It is also worth noting that the fasttrack strategic housing development, SHD, process in terms of planning arrangements, had resulted in the granting of permission for just under 14,000 student bed spaces in the past three or four years with many of these developments having already been completed. In this regard, the development of on-campus purpose-built student accommodation can help in alleviating pressure in the wider private rental housing market.

Universities have developed significant numbers of student accommodation units in recent years through borrowing from the European Investment Bank. There are now provisions for our technological universities to avail of such borrowing. The Government will support technological universities that pursue this development of purpose-built student accommodation where such need exists through the appropriate funding or financing.

I thank Senator Moynihan and her Labour Party colleagues for bringing forward this Private Members' Bill. I thank them for continuing to shine a spotlight on this very important issue of student accommodation, which we all share and we all will do our very best to resolve in any way we can in the coming weeks and months.