Written answers

Tuesday, 5 July 2022

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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242. To ask the Minister for Housing, Planning, and Local Government if he will address the issue of dezoning land (details supplied); and if he will make a statement on the matter. [36004/22]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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The zoning of land for particular uses, including housing, is an exercise undertaken as part of the overall statutory development plan function under sections 9-13 of the Planning and Development Act, 2000 (as amended). Under this legislation, the decision to zone land for development is a reserved function of the elected members of each planning authority. This includes the zoning of lands for residential development in order to meet the housing supply target identified in the administrative area of the local authority.

The statutory Development Plan Guidelines for Planning Authorities published under section 28 of the Planning Act by my Department on 1st July 2022, set out national policies and objectives in relation to the zoning of land. The guidelines state that land already zoned for residential purposes may be regarded as providing a baseline, or starting point to meet projected population and housing targets, especially in cases where planning permission has already been granted, based on the presumption that land subject to planning permission is already serviced or serviceable. Where there is a surplus of well-located zoned and fully serviced land already zoned for development, it is recommended best practice that a phased approach be taken to prioritise the preferred sequence of development of such sites.

It is only in cases where land is zoned and has remained undeveloped and unserviced through one or more development plan cycles, with no prospect of being serviced within the six-year life of the development plan, alternative approaches, including discontinuing the zoning objective, must be considered as it is important that zoned land can be developed as intended, during the life of the plan to ensure that there is sufficient residential land available to meet identified housing needs. This is supported by the provision in section 10 of the Act that there shall be no presumption that any land zoned for development in a development plan shall remain so zoned in any subsequent plan.

The new Development Plan guidelines also provide that in certain instances a planning authority may provide zoned residential sites in addition to those required to meet the housing supply target for a settlement in order to ensure that sufficient choice for development potential is safeguarded.

The Residential Zoned Land tax (RZLT) introduced by the Finance Act 2021 seeks to encourage the activation of development on lands which are suitably zoned and appropriately serviced and will impose a tax on landowners who fail to bring such lands forward for development. My Department published section 28 Guidelines for Planning Authorities on the Residential Zoned Land Tax on 29th June 2022. This tax measure is aligned to the sequential and phased approach to the development of zoned land outlined in the Development Plan Guidelines, with a clear incentive to bring forward land which has had the benefit of investment in the key infrastructure required to support housing. It will also allow other infrastructure providers such as those providing social and community infrastructure to have greater clarity on the likely locations for housing development to take place.

One of the key priorities of the National Planning Framework (NPF) is the compact growth of cities and towns of all sizes. This objective seeks to support the sustainable development of our cities and towns as attractive and vibrant places. The NPF targets 40 percent of future growth to take place in the existing built up area of cities and towns. This target will be met by a combination of development on zoned housing land, and by increasing the proportion of development that takes place on infill and brownfield development sites within existing urban areas. The NPF recognises that this change will not be achieved from the outset and allows for transition over time.

Following the adoption of the NPF and the subsequent Regional Spatial and Economic Strategies,, a process of reviewing city and county development plans by individual planning authorities is now underway. When complete, this will be the first time that there has been an integrated hierarchy of statutory spatial plans, shaping the future pattern and form of development in Ireland.

Photo of Steven MatthewsSteven Matthews (Wicklow, Green Party)
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243. To ask the Minister for Housing, Planning, and Local Government the position regarding any research carried out by his Department into the repeal of specific planning policy requirements under section 28 (1)(c) of the Planning and Development Act 2000; and if he will make a statement on the matter. [36058/22]

Photo of Steven MatthewsSteven Matthews (Wicklow, Green Party)
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248. To ask the Minister for Housing, Planning, and Local Government the position regarding any research carried out by his Department into the revoking of build-to-rent planning standards for apartments and instead introducing a single build-to-sell standard across all apartment developments; the impact this would have on investment levels and the delivery of homes; and if he will make a statement on the matter. [36076/22]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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I propose to take Questions Nos. 243 and 248 together.

The Planning and Development (Amendment) Act 2015 inserted the new section 28(1C) into the 2000 Act, and this provision was substituted by section 20(a) of the Planning and Development (Amendment) Act 2018.

The objective of this amendment was to ensure that specific planning policy requirements (SPPRs) included in guidelines issued by the Minister under section 28 would have to be complied with and applied consistently by planning authorities, regional assemblies (since 2018) and the Board. This had become necessary as some local authorities were introducing requirements and standards that diverged significantly from national policy guidance and legislation (e.g. apartment sizes and building performance standards) in their plans, resulting in a highly variable and inconsistent planning policy framework, in some cases within different parts of the same urban area.

The objective of guidelines issued under section 28 of the 2000 Act, and SPPRs in particular, is to achieve consistency of approach on critical matters throughout the hierarchy of plans at national, regional and local levels, in support of national policy objectives. Their use is limited and specific to clearly articulating Government policy and ensuring a consistency of application across the planning system.

The National Planning Framework (NPF) sets out the vision and strategic objectives to support Ireland’s national, regional and local spatial development in economic, environmental and social terms to 2040. Under the Planning and Development Act 2000, regional plans and plans developed by planning authorities must have regard to and be consistent with the objectives of the NPF.

In 2018, my Department published the updated Sustainable Urban Housing Development Guidelines to respond to changing housing need, in light of emerging dynamics in the urban employment market and ongoing demographic trends. The 2018 Guidelines addressed in particular, the relatively new build-to-rent sector and sets out a number of key distinct characteristics of such development. Further, related guidance has been subsequently issued in the form of updates to the Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities, most recently in 2020, which while introducing a presumption against 'co-living' accommodation in most circumstances, has retained 'build-to-rent' (BTR) development as a distinct planning category.

In the context of the Apartment Guidelines specifically, the specific planning policy requirements included seek to enable reinforce the national policy objective of providing more compact forms of urban development as outlined in the NPF through increasing the density, scale and heights of buildings, including apartments, in appropriate locations. Those regarding BTR facilitate an element of tenure choice at particular types of location.

It should be noted that by the end of 2022, the vast majority of city and county development plans will have been reviewed and a greater consistency of approach will be provided in those development plans to achieve more dense patterns of development in appropriate locations, given the need for planning authorities to have regard to these Guidelines and to comply with relevant SPPRs contained within them. This will also coincide with the significant advancement of the Attorney General-led review of the Planning Act.

It is not currently proposed to repeal the provisions, which are considered to provide an important role in the integration of national policy within the planning hierarchy of plans from national to regional and local levels. The Planning and Development Act 2000 is currently being reviewed by the Attorney General, in conjunction with the Department of Housing, Local Government and Heritage, and any necessary amendments to current legislative arrangements will, where appropriate, be considered in this context.

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