Pauline Tully (Cavan-Monaghan, Sinn Fein)
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717. To ask the Minister for Housing, Planning, and Local Government if the Planning and Development Act 2000 incorporates the principles of Universal Design; and if the Planning and Development Act 2000 places an obligation on local authorities to incorporate the principles of Universal Design in the delivery of public infrastructure and the built environment. [15442/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Section 34(2) of the Planning and Development Act 2000, as amended (the Act), provides that when making its decision on a planning application, the planning authority shall be restricted to considering the proper planning and sustainable development of the area having regard to the provisions of the local development plan as well as a number of other factors including any guidelines issued by the Minister under section 28 of the Act as well as the policy of the Government, the Minister or any other Minister of the Government.

In addition, section 143 of the Act provides that when making a decision on an appeal or planning application, An Bord Pleanála (the Board) shall have regard to the policies and objectives of the Government, a State authority, the Minister, planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural.

The Board shall also have regard to the national interest and any effect the performance of the Board’s functions may have on issues of strategic economic or social importance to the State, the National Planning Framework and any regional spatial and economic strategy for the time being in force.

The issue of Universal Design is addressed in the Local Area Plan Guidelines and the Sustainable Residential Development and Compact Settlement Guidelines (SRDCSGs), issued by my Department in June 2013 and January 2024 respectively. These guidelines were issued under Section 28 of the Planning and Development Act 2000, as amended. As previously outlined, section 28 of the Act provides that planning authorities and the Board shall have regard to Ministerial guidelines in the performance of their functions. Where the guidelines contain specific planning policy requirements (SPPRs), planning authorities and the Board are required to apply these requirements in the performance of their functions.

The Local Area Plan Guidelines set out policy and guidance in relation to the development of local area plans. The Guidelines state that when preparing a local area plan, planning authorities should have regard to the National Disability Authority’s Building for Everyone Booklet 9 – Planning in relation to universal design for local area plans. Furthermore, such plans should establish a regulatory, policy, and urban design framework which incorporates universal design features within all new development proposals (including retro-fitting within existing areas).

The SRDCSGs set out policy and guidance in relation to the planning and development of urban and rural settlements, with a focus on sustainable residential development and the creation of compact and accessible settlements. The SRDCSGs state that planning authorities should plan for the development of well-connected neighbourhoods and a distribution of activities to ensure that day-to-day services and amenities are accessible within walking distance of homes and workplaces, noting that when applied alongside the principles of Universal Design, will allow vulnerable users to move about and access services with ease. Appendix C of the SRDCSGs recommends that a Universal Design Statement for development of 10 or more residential units or mixed use development over 1,000 sq. metres be submitted to assist in the consideration of planning applications.

Policy Objective 4.1 of the SRDCSGs further states:"It is a policy and objective of these Guidelines that planning authorities implement the principles, approaches and standards set out in the Design Manual for Urban Roads and Streets (DMURS) in carrying out their functions under the Act and as part of an integrated approach to quality urban design and placemaking.".

The DMURS was jointly issued by my Department and the Department of Transport in 2013, and revised in 2019. The development of the DMURS was overseen by a Steering Committee that included representatives of the National Disability Association having regard to the principles of Universal Design. DMURS is a technical document that consists of a range of objectives, design approaches and design standards that prioritise the movement, comfort and safety of vulnerable users in the delivery of public infrastructure and the built environment.