Duncan Smith (Dublin Fingal, Labour)
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168. To ask the Minister for Housing, Planning, and Local Government if he will review the SHD legislation, which has removed the statutory role of the planning authorities and their members and transferred it directly to An Bord Pleanála, undermining the importance of early and transparent public participation in the planning process, which has resulted in an increase in the number of judicial reviews; and if he will make a statement on the matter. [28043/20]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Planning and Development (Housing) and Residential Tenancies Act 2016 (the Act) introduced new streamlined arrangements to enable planning applications for strategic housing developments (SHDs) of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála for determination.

In line with the provisions of Section 4(2) of the Act, the SHD arrangements were extended in December 2019 for a further 2 years until 31 December 2021, the maximum period allowed under the Act.  The Programme for Government – Our Shared Future indicates that the SHD arrangements will not be extended beyond that date.

The original extension took account of the findings of an External Review Group which undertook the review on the operation of the SHD arrangements.  This report, which was laid before the Houses of the Oireachtas, particularly highlighted that while they had generally been a success in providing a fast-track development consent process for developers of large-scale housing developments, the number of SHD permissions that have commenced development is less than might have been expected.

In this regard, with a view to influencing the earlier activation of housing related planning permissions, the new Programme for Government – Our Shared Future commits to introducing a "use it or lose it" condition for all planning permissions of ten units or more.  I intend that the necessary legislation providing for the introduction of the proposed new "use it or lose it" housing-related planning arrangements will be progressed over the coming months.