Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

-----Deputy Darragh O'Brien, said at that. Specifically in response to the question posed, the section 28 guidelines, Sustainable Urban Housing: Design Standards for New Apartments - Guidelines for Planning Authorities, published in 2018 and updated in 2020, identified BTR as a specific type of residential development for planning purposes, with some variation in resident support and amenity requirements, and dwelling mix and design standards, relative to apartments generally. These differences are set out in specific planning policy requirements, SPPRs, 7 and 8 in the apartment guidelines. In carrying out their planning functions, which include formulating development plans and assessing planning applications, planning authorities and An Bord Pleanála must have regard to guidelines issued under section 28 of the Planning and Development Act and must comply with any SPPRs contained within such guidelines.

Strategic housing development, SHD, permissions made to An Bord Pleanála show that, as of July 2022, the board had granted permission for 50,792 apartments, of which 12,230 were specifically BTR units at the time of permission. Of the 12,230 approved BTR units, 2,669, or 22%, have commenced on site and 9,561, or 78%, have not started. Given current site activation challenges and construction costs, this time-lag is to be expected. However, the figures serve to demonstrate that a significant quantum of BTR units have been permitted through the SHD process and remain outstanding.

In summary, despite an uncertain economic outlook and a reduction in activity in 2022, it is clear that, since 2018, the BTR market has become established and that there are a large number of outstanding planning permissions. Given the quantum of development delivered and permitted to date, there is no longer a planning rationale to retain BTR as a separate development type subject to more flexible design standards. This may be achieved by amending the section 28 apartment guidelines to remove the specific requirement that BTR is identified as a separately defined type of development with specific design standards. This amendment to the apartment guidelines would not preclude future BTR development. It would simply remove the need to describe BTR as a distinct class of development for planning purposes and require the standards for BTR development to be the same as those for all other permitted apartment developments.

It is important there would be a transition period whereby BTR proposals currently in the planning system, whether SHD or otherwise, or on which significant work has progressed and are about to enter the planning system can be progressed to a planning decision based on the transitional arrangements that will apply. It is therefore considered reasonable that amended apartment guidelines that delete SPPRs 7 and 8 would be issued before the end of 2022.

Again, I hope this gives some clarity to some of the questions. If we can come back on the other specific questions, I will get the Department to respond to the Senator directly.