Seanad debates
Tuesday, 28 March 2023
Nithe i dtosach suíonna - Commencement Matters
Planning Issues
12:30 pm
Aidan Davitt (Fianna Fail)
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It is nice to see the Minister of State here today. I thank him very much. This matter concerns one-off plannings. Section 42 of the Planning and Development Act could give a five-year extension to planning permissions. However, legislation, particularly section 7 of the Planning and Development (Amendment) Act 2021, about which I raised concerns at the time, has had unintended consequences. One-off housing planning permissions are tangled up in legislation which was introduced to push developers to start on larger developments. Over two years of Covid, a massive rise in building costs has seen some one-off houses put on hold.The change in law and the non-rolling over of the five-year planning permissions mean that a one-off homebuilder has to go through the whole planning process again. This was an unintended consequence of trying to push developers to build out houses and start developments. I would say it has had little or no impact on what it has tried to achieve. It is, however, causing life-changing problems for families starting off in life.
I ask the Minister of State to table an amendment to the planning and development Bill to take one-off homes out of section 7. I am sure this is a topic close to his heart, with various areas in his locality affected. I appreciate the Minister of State's time.
Niall Collins (Limerick County, Fianna Fail)
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I am taking this matter on behalf of the Minister, Deputy Darragh O'Brien. I thank Senator Davitt for raising it.
The Minister is aware that there are provisions in planning legislation whereby an existing planning permission for development, including of rural housing, may be extended in duration under certain circumstances to allow development to take place. The Minister would like to clarify the position on such extensions of duration.
Section 42 of the Planning and Development Act 2000, as amended, enables the holder of a planning permission to apply to a planning authority for up to two extensions to the appropriate period of the permission, provided that the combined duration of both extensions does not exceed five years. The granting of such an extension is, however, subject to the planning authority being satisfied that the development has been commenced, substantial works have been carried out, the development will be completed in reasonable time and an environmental impact assessment and appropriate assessment are not required for the proposed extension. Further extensions are currently permitted under section 7 of the Planning and Development (Amendment) Act 2021 in the context of delays and disruption caused by the Covid-19 pandemic. This provides for the extension of the appropriate period of up to two years or until 31 December 2023, whichever first occurs, subject to the planning authority being satisfied that such an extension is appropriate. This provision applies to extant permissions due to expire and to permissions which expired between 8 January 2021 and 8 September 2021. These provisions, overall, allow for a reasonable period for developments to be completed in the context of delays related to the impact of the pandemic.
The construction of homes in our rural communities is an important and continuing feature of housing delivery in Ireland, providing an average of 5,000 new homes annually. Updated rural housing planning guidelines are being prepared by the Department of Housing, Local Government and Heritage. The updated guidelines will expand on the high-level spatial planning policy of the national planning framework, NPF, in particular national policy objective, NPO, 19, which relates to rural housing.
The proposed draft rural housing guidelines will set out relevant planning criteria to be applied in local authority development plans for rural housing, based on the high-level policy framework set out by the NPF. The guidelines will continue to allow county development plans to provide for housing in the countryside based on the considerations detailed in NPO 19 of the NPF and will highlight the need to manage development in certain areas, such as areas around cities and larger towns, and environmentally sensitive areas, in order to avoid overdevelopment. The guidelines are at an advanced stage of drafting and environmental assessments are nearing completion. It is intended to publish the draft guidelines for a period of public consultation when the environmental assessments are complete. This is expected to happen in quarter 2 of this year. Following the period of consultation, and with any subsequent changes made, the guidelines will be submitted to the Minister for approval to publish. Once issued, planning authorities and An Bord Pleanála will be required to have regard to the guidelines in carrying out their functions.
Aidan Davitt (Fianna Fail)
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The Minister of State's answer is a bit of a smokescreen, unfortunately. I know he is only the messenger. It is hard to see how there are two junior Ministers in the Department of Housing, Local Government and Heritage and neither could be here, with the Minister of State, Deputy Collins, having to field all these questions.
If substantial works are done, the council can look at the matter or whatever else. From then, there was a short window within which the council could give a two-year extension.The ability to roll on planning permission for five years, however, has now been got rid of. Between Covid-19 and different restrictions, there were nearly three years when building could not take place. Put into the mix as well has been the problem we have had with the cost of goods and materials. We have had nearly another year of this as well. I am relatively unhappy with the answer; I do not think it goes far enough. Certainly, what had preceded it is just not good enough. We should amend this because it is tying in one-off houses with larger developments. I do not think it is fair.
Niall Collins (Limerick County, Fianna Fail)
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Existing legislation provides for the extension of the duration of a planning permission, subject to certain criteria set out in the Planning and Development Act 2000, as amended. Specifically, section 42 enables the holder of a planning permission to apply to a planning authority for up to two extensions to the appropriate period of the permission, provided the combined duration of both extensions does not exceed five years. Further extensions are also currently permitted under section 7 of the Planning and Development (Amendment) Act 2021 in the context of delays and disruptions caused by the Covid-19 pandemic. This provides for the extension of the appropriate period of up to two years or until 31 December 2023, whichever occurs first, subject to the planning authority being satisfied such an extension is appropriate.
In the draft planning reform Bill, it is proposed to retain the current five-year duration of planning permission. Updated rural housing planning guidelines are being prepared by the Department of Housing, Local Government and Heritage and it is intended to publish these draft guidelines for the period of public consultation in the second quarter of this year, once the environment assessments have been completed.
Martin Conway (Fine Gael)
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I thank the Minister of State. I commend Senator Davitt on proposing a common-sense solution that would be one of the solutions that would help with the housing crisis we find ourselves in now. It certainly would give relief to families in a difficult period. I thank the Minister of State for taking the four Commencement matters.