Written answers
Thursday, 20 March 2025
Department of Housing, Planning, and Local Government
Statutory Instruments
James Geoghegan (Dublin Bay South, Fine Gael)
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91. To ask the Minister for Housing, Planning, and Local Government if he has any plans to review, revoke or expand SI 376/2023 - Planning and Development (Exempted Development) (No. 4) Regulations 2023; and if he will make a statement on the matter. [12865/25]
James Browne (Wexford, Fianna Fail)
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The Planning and Development (Exempted Development) (No. 4) Regulations (S.I. 605 of 2022) were introduced to assist the Minister for Children, Equality, Disability, Integration and Youth (MCEDIY) in meeting Ireland’s legal obligation to provide accommodation to international protection applicants.
The Regulations amend Part 1 of Schedule 2 to the Planning and Development Regulations 2001 (2001 Regulations), to insert a new Class 20F exemption, with the structures in question being temporarily exempted from the requirement to obtain change of use planning permission. The Regulations allow the temporary use, up until 31 December 2024, of certain structures by or on behalf of the MCEDIY to accommodate or support persons seeking international protection.
Following engagement with the MCEDIY and as part of the response to the accommodation of those seeking international protection, the Planning and Development (Exempted Development) (No 4) Regulations 2023 extended the exemption from 31 December 2024 to 31 December 2028. In addition, in order to provide greater flexibility in how sourced accommodation is used, the regulations extend the scope of the exemption to include structures being used to accommodate persons displaced by the Russian invasion of Ukraine.
Under the Regulations, the use for the purposes of accommodating displaced Ukrainian persons shall, unless it is extended in the meantime, be discontinued when the temporary protection introduced by the Council Implementing Decision (EU) 2022/382 of 4 March 2022 as part of the EU response to the invasion of Ukraine comes to an end, while the use for the purposes of accommodating persons seeking international protection shall be discontinued not later than 31 December 2028.
My Department is currently putting arrangements in place regarding a phased commencement of the Planning and Development Act 2024 (2024 Act) to facilitate the transition to the new legislation across the planning system and to take into account the need to liaise further with local authorities, planning bodies and other stakeholders. As part of these arrangements, updated regulations are being prepared to accompany the Act. These updated regulations will replace the 2001 Regulations.
It should be noted that the existing provisions in the Planning and Development Act 2000 and the associated 2001 Regulations will remain in place until the relevant provisions in the 2024 Act are commenced.
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