Thursday, 19 January 2023
Department of Housing, Planning, and Local Government
239. To ask the Minister for Housing, Planning, and Local Government when persons affected by developments under the invoking of a statutory instrument (details supplied) can view plans of such developments, which would be their right under normal planning procedures; and if he will make a statement on the matter. [2688/23]
The European Union (Planning and Development) (Displaced Persons from Ukraine Temporary Protection) Regulations 2022 were introduced in response to the emerging Ukrainian crisis. The Regulations give effect to Council Directive No 2001/55 EC and Council Implementing Decision EU 2022/382 of 04 March 2022 (European Council Decision) to provide immediate protection in EU countries for persons displaced by the Russian invasion of Ukraine, including the need to provide emergency accommodation and support to these displaced persons.
The Regulations provide that the provisions of the Planning and Development Act 2000 (other than the environmental considerations in Sections 181A to 181C) will not apply to certain classes of development by or on behalf of a State Authority for the purposes of providing temporary protection to displaced persons as specified in the Regulations.
As such, planning requirements such as public participation, are not applicable to these developments. However, if an Environmental Impact Assessment or Appropriate Assessment is required for the development, the plans for the development should be made available in accordance with Section 181A of the Planning and Development Act 2000.
The Regulations are temporary and will cease to have effect when the temporary protection activated by European Council Decision ends. After this time the removal, demolition or alteration of any temporary structure and the discontinuance of any temporary use will be required, unless the development is permitted, exempted or otherwise regularised by a provision of the Planning and Development Act 2000 or the Planning and Development Regulations 2001, as amended.