Catherine Murphy (Kildare North, Social Democrats)
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54. To ask the Minister for Housing, Planning, Community and Local Government the arrangements and additional staff that have been put in place in An Bord Pleanála in view of the Planning and Development (Housing) and Residential Tenancies Act 2016 for planning applications in excess of 100 housing units; the date on which new arrangements will be in place; the fees that have been decided for applications and objections; the guidance that has been given to local authorities regarding engagement with the new process; the guidance that will be available to the public; the way in which they may interact with the process; the way in which developments that are subject to masterplans or in circumstances in which phasing is required will be dealt with; if An Bord Pleanála has to be in compliance with city, county and local area plans respectively; if not, the reason therefor; and if he will make a statement on the matter. [24794/17]

Simon Coveney (Cork South Central, Fine Gael)
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Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016 (the Act of 2016) provides for new streamlined arrangements to enable planning applications for strategic housing developments, of 100 housing units or more or student accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála for determination.

The Planning and Development (Housing) and Residential Tenancies Act 2016 (Commencement of Certain Provisions) (No. 2) Order 2017 brought section 19 of the Act into operation on 2 February 2017, for the purpose of enabling the Board to fulfil the requirements of section 144 of the Planning and Development Act 2000 (the Act of 2000), as amended, in relation to setting the fees payable to the Board in respect of applications for, and other matters relating to, proposed strategic housing developments. It also brought section 3 of the Act into operation on the same date to the extent required to enable the partial commencement of section 19 to have effect.

Section 144 of the Act of 2000 enables the Board to determine such fees, subject to Ministerial approval, and once approved, requires that the Board to give public notice of new fees for a period of at least 8 weeks prior to coming into effect. On foot of the commencement of these provisions, I approved the Board’s proposed fee schedule for strategic housing developments on 8 March 2017 and the Board undertook the necessary public notice arrangements on 15 March 2017. A copy of the fee schedule is available on the Board’s website at the following link: .

The Act of 2016 also provides for the establishment of a dedicated Strategic Housing Division in the Board to make determinations on planning applications in respect of strategic housing developments, assisted by additional dedicated technical and administrative support resources which the Board has been given approval to engage with the necessary arrangements now being progressed in this regard.

A separate Commencement Order will be required to bring the substantive strategic housing development provisions in Chapter 1 of Part 2 of the Act into operation. In conjunction with this, section 12 of the Act of 2016 enables me as Minister to make regulations to provide for matters of procedure and administration to support the operation of the strategic housing development provisions. The drafting of the supporting Regulations and Commencement Order is at an advanced stage and I expect to be in a position to approve and sign these shortly. My Department will then issue a Circular letter to the Board and planning authorities advising of the commencement of the provisions and providing any additional guidance required with regard to the operation of the new arrangements. Once commenced, applications for large-scale housing developments as defined in the Act of 2016, including qualifying residential development that forms part of a larger development scheme but is capable being carried out on its own, will be made to the Board.

The Board already has powers, in limited and specific circumstances, to grant planning permission on appeal for a proposed development in the case where a planning authority has refused permission on the grounds that the proposed development materially contravenes the development plan. Where it grants planning permission in these circumstances, the Board must indicate the main reasons and consideration for its decision.

Under the new arrangements, planning applications in respect of strategic housing developments may be made to the Board only in respect of lands that have already been zoned for such purposes by the local elected members in the development plan or local area plan for the area. The Act of 2016 empowers the Board to grant planning permission for a strategic housing development that materially contravenes the development or local area plan and requires the Board to set out the main reasons and considerations for doing this. However, the Board cannot grant permission where the proposed development would materially contravene the zoning objective of the relevant plan.

Importantly, members of the public will continue to be able to make submissions and observations to the Board about applications for strategic housing developments in the same manner as currently applies in respect of planning applications submitted to the local planning authority or appealed to the Board. Applications will be notified to the public by way of site and newspaper notices in the normal manner and a copy of the application will be available for inspection at the offices of the Board and the planning authority for the area concerned.