Written answers
Wednesday, 19 March 2025
Department of Housing, Planning, and Local Government
Local Authorities
Jennifer Whitmore (Wicklow, Social Democrats)
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889. To ask the Minister for Housing, Planning, and Local Government for an update on the completion of local authority strategies for the creation, improvement and preservation of sustainable places and communities for the functional area of the planning authority, as detailed in the Planning And Development Act 2024, including when they will be published; and if he will make a statement on the matter. [11571/25]
James Browne (Wexford, Fianna Fail)
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The Planning and Development Act 2024 ("Act of 2024") was enacted on 17 October 2024. A detailed Implementation Plan has now been published that includes a commencement schedule for the Act and a range of initiatives to support training and engagement for the planning sector in preparation for the phased transition to the new legislative framework. The Implementation Plan is a ‘living document’ that informs and guides the commencement and rollout of the Act of 2024 and it will be updated as required to remain relevant throughout the period of its implementation. It is available to view at www.gov.ie/planning.
The first phase of commencements will provide for the establishment of An Coimisiún Pleanála (Part 17), provisions relating the taking of judicial reviews (Part 9, Chapters 1 and 3) and Events and Funfairs (Part 16) as well as several related and supporting provisions.
As part of the second phase of commencements due to take place in mid-2025, provisions relating to Plans, Polices and Related Matters under Part 3 will be brought into operation (including development plans). This includes section 48 to provide that a development plan prepared in accordance with the new Act must include a strategy for the creation, improvement and preservation of sustainable places and communities for the functional area of the relevant planning authority.
The Act of 2024 contains transitional provisions to facilitate its implementation, ensuring the validity of decisions made or acts done under the Planning and Development Act 2000 ("Act of 2000") and preserving processes that may be underway when a relevant provision the Act of 2000 is repealed. In the context of development plans, section 68 of the Act of 2024 provides that existing development plans made under the Act of 2000 will continue in force, either for the remainder of their 6 years lifespan or until a new development plan is made under the Act of 2024, whichever is the shorter period. Any development plan continued in force under section 68 will have effect as if it was a plan made under the Act of 2024. Section 69 of the Act of 2024 relates to the drafting of a new development plan under Part II of the Act of 2000. If, before the repeal of the Act of 2000, a planning authority has given notice that it intends to review its development plan and prepare a new plan, then Part II of the Act of 2000 will continue to apply in relation to that notice until the new development plan is made. The new development plan will be deemed to have been made under the Act of 2024.
Once Part 3 of the Act of 2024 comes into operation, and following the expiration of any transitional measures, a development plans prepared under the provisions of the Act of 2024 will be required to include a strategy relating to creation, improvement and preservation of sustainable places and communities in accordance with section 48 of that Act.
Jennifer Whitmore (Wicklow, Social Democrats)
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890. To ask the Minister for Housing, Planning, and Local Government for an update on the publication date for a guide to the provision of allotments and community gardens by local authorities; and if he will make a statement on the matter. [11572/25]
James Browne (Wexford, Fianna Fail)
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In terms of planning, providing, enabling and supporting allotments, legislation is in place in the Planning and Development Act 2000 (as amended) and the Local Government Act 2001 (as amended) to identify locations in development plans for allotment development, and to establish allotments as a part of local government’s role in promoting the interests of local communities.
Identifying land for allotment development in a development plan is a reserved function of the elected members of a local authority when considering and making the plan, while the provision of allotments or similar facilities on local authority land is a matter for each individual local authority and is subject to availability of resources and community inputs and support for such proposals.
The Sustainable Residential Development and Compact Settlements Guidelines, which were issued as Ministerial Guidelines under Section 28 of the Planning and Development Act (as amended) in January 2024 refer to Community Gardens and Allotments as ‘plots of land which are made available (usually by a local authority) to community groups or individuals for the cultivation of vegetables and plants.
Section 4.4 (iv) of the Guidelines - Public Open Space - states that all statutory development plans should include a strategy for the provision of an integrated hierarchy of multifunctional public open spaces and corridors across the plan area that meet the needs of the planned population, are accessible, provide for the recreational needs of the planned population and create space for nature and ecosystem services.
The Guidelines also state that public open spaces should be designed to cater for a range of active and passive recreational needs (including play, physical activity, active travel, cultural uses and community gardens and allotments, as appropriate to the context) and to conserve and restore nature and biodiversity.
Policy and Objective 5.1 - Public Open Space – of the Guidelines provides that statutory development include an objective(s) relating to the provision of public open space in new residential developments with a requirement in the development plan for public open space provision of not less than a minimum of 10% of net site area and not more than a minimum of 15% of net site area save in exceptional circumstances.
Further guidance for local authorities on the provision of allotments and community gardens will be progressed subject to the priorities, work programme and commitments of my Department, in addition to resource availability.
Following engagement with members of the Oireachtas at both pre-legislative scrutiny and Dáil Committee Stage, the Planning and Development Bill 2023 was expanded to cater for both allotments and community gardens. This was achieved by including reference to ‘community gardens’ as well as allotments in the appropriate sections as well as adding, for the first time, a definition of Community Garden which reads as follows:
“community garden” means an area of land that—
(a) is let or available for letting from a local authority to members of the local community for collective gardening purposes, and
(b) is used or intended for use—
(i) wholly or mainly for either or both of the following:
(I) the production of vegetables or fruit mainly for consumption by members of the local community;
(II) the propagation of plants for environmental or decorative purposes in the local community,
and
(ii) otherwise than for profit.”
The Planning and Development Act 2024 ("Act of 2024") was enacted on 17 October 2024. A detailed Implementation Plan has now been published that includes a commencement schedule for the Act and a range of initiatives to support training and engagement for the planning sector in preparation for the phased transition to the new legislative framework. The Implementation Plan is a ‘living document’ that informs and guides the commencement and rollout of the Act of 2024 and it will be updated as required to remain relevant throughout the period of its implementation. It is available to view at www.gov.ie/planning.
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