Planning and Development (Large Scale Residential Developments) Act 2021

Planning and Development (Large Scale Residential Developments) Act 2021 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2021 Planning and Development (Large Scale Residential Developments) Act 2021 Planning and Development (Large Scale Residential Developments) Act 2021 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 40 of 2021 PLANNING AND DEVELOPMENT (AMENDMENT) (LARGE-SCALE RESIDENTIAL DEVELOPMENT) ACT 2021 CONTENTS Section

Section 1

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Definitions 1. In this Act— “Act of 2016” means the Planning and Development (Housing) and Residential Tenancies Act 2016 ; “Principal Act” means the Planning and Development Act 2000 .

Amendment of section 2 of Principal Act 2. Section 2 of the Principal Act is amended by the insertion of the following definitions: “ ‘LRD’ means large-scale residential development; ‘LRD appeal’ means an appeal against a decision of a planning authority that relates to an application for permission to which section 32A(1) applies; ‘LRD meeting’ means a meeting in accordance with sections 32B and 32C; ‘LRD opinion’ has the meaning given to it by section 32D; ‘LRD floor space’, in relation to a building or part of a building, means the area ascertained by the internal measurement of the floor space on each floor of a building or part of a building (including internal walls and partitions), disregarding any floor space provided for— (a) the parking of vehicles by persons— (i) occupying or using the building or the part of the building, (ii) for a purpose incidental to the primary purpose of the building or part of the building, and (b) ancillary residential services, including gyms and child-care facilities; ‘large-scale residential development’ means a development that includes— (a) the development of 100 or more houses, (b) the development of student accommodation that includes 200 or more bed spaces, (c) both the development of 100 or more houses and of student accommodation, or (d) both the development of student accommodation that includes 200 or more bed spaces and of houses, where the LRD floor space of— (i) in the case of paragraph (a), the buildings comprising the houses, (ii) in the case of paragraph (b), the student accommodation, (iii) in the case of paragraphs (c) and (d), the buildings comprising the houses and the student accommodation, is not less than 70 per cent, or such other percentage as may be prescribed, of the LRD floor space of the buildings comprising the development; ‘prospective LRD applicant’ has the meaning given to it by section 32A; ‘student accommodation’ means a building or part thereof used, or to be used, for the sole purpose (subject to paragraph (b)) of providing residential accommodation to students during academic term times, whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not used, or to be used,— (a) as permanent residential accommodation, or (b) as a hotel, hostel, apart-hotel or similar type accommodation other than for the purposes of providing residential accommodation to tourists or visitors outside of academic term times;”.

Insertion of sections 32A to 32G into Principal Act 3. The Principal Act is amended by the insertion of the following sections after section 32: “Person to seek opinion of planning authority prior to application for LRD 32A. (1) A person who intends to apply for permission under this Part— (a) for large-scale residential development, (b) on land— (i) that is not located in a strategic development zone, and (ii) the zoning of which facilitates its use for the purposes proposed in the application, (referred to in this Act as a ‘prospective LRD applicant’) shall not make the application unless at that time he or she holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.

Request for LRD meeting 32B. (1) A prospective LRD applicant may, once he or she has consulted the appropriate planning authority or authorities in whose area or areas the proposed LRD would be situated in accordance with section 247, request an LRD meeting with that planning authority or authorities.

LRD meeting 32C. (1) Where the prospective LRD applicant submits a request in accordance with section 32B, the planning authority shall convene an LRD meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.

LRD Opinion 32D. (1) The planning authority shall provide an opinion (referred to in this Act as an ‘LRD opinion’) to the prospective LRD applicant, within the period of 4 weeks beginning on the date on which the LRD meeting takes place, as to whether or not the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.

LRD procedure without prejudice to performance by the planning authority of other functions 32E. Neither the taking place of an LRD meeting nor the provision of an LRD opinion shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

Effect of steps not being completed within the time period 32F. A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in section 32C(1) or 32D(1), as the case may be, were not completed within the time referred to in the subsection concerned.

Offence of taking payment, etc. in connection with LRD procedure 32G. A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an LRD opinion commits an offence.”.

Amendment of section 33 of Principal Act 4. Section 33(2) of the Principal Act is amended by the insertion of the following paragraph after paragraph (g): “(ga) enabling planning authorities to request applicants to submit further information with respect to their applications, for the purposes of paragraph (g), and providing for, in respect of different classes or descriptions of development, the information or type of information which may be requested and the number of requests that may be made;”.

Amendment of section 34 of Principal Act 5. Section 34 of the Principal Act is amended— (a) by the insertion of the following subsection after subsection (1A): “(1B) Where a planning authority receives an application for permission to which section 32A(1) applies it shall notify the elected members of the planning authority of the making of the application, of where the application is available for inspection, and of such other information as may be prescribed.”, (b) by the insertion of the following subsection after subsection (3B): “(3C) In determining an application for permission that relates to a development in respect of a part of which permission has previously been granted— (a) under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or (b) on foot of an application in accordance with section 32A, the planning authority concerned shall, notwithstanding section 34(2)(a), be restricted in its determination of the application, other than in respect of any assessment of the effects of the proposed development on the environment, to considering the modifications proposed by the applicant to the previously permitted development and for the purposes of determining such an application the reference in subsection (6) to ‘the development concerned’ shall be read as a reference to ‘the modifications to the previously permitted development’.”, and (c) in subsection (8)— (i) in paragraph (b)(ii), by the substitution of “if, within the period specified in subparagraph (i), in relation to further information” for “if in relation to further information”, (ii) in paragraph (c)(ii), by the substitution of “if, within the period specified in subparagraph (i), in relation to further information” for “if in relation to further information”, and (iii) in paragraph (ca)(ii)(II), by the substitution of “if, within the period specified in clause (I), in relation to further information” for “if in relation to further information”.

Amendment of section 50A of Principal Act 6. Section 50A of the Principal Act is amended— (a) in subsection (10), by the substitution of “an application for section 50 leave, an application for judicial review on foot of such leave or an application for leave under subsection (7),” for “an application for section 50 leave or an application for judicial review on foot of such leave,” and (b) by the insertion of the following subsections after subsection (12): “(13) For the avoidance of doubt, where— (a) the Court has granted leave to appeal its decision in accordance with subsection (7), or (b) an appeal has been brought to the Court of Appeal in accordance with subsection (8), any party to the appeal may, at any time thereafter prior to the determination of such appeal, without any prior application to the Court of Appeal, apply to the Supreme Court under Article 34.5.4° of the Constitution to determine the appeal.

Amendment of Part V of Principal Act 7. The Principal Act is amended— (a) in section 94— (i) in subsection (3)— (I) in paragraph (c), by the deletion of “and”, (II) in paragraph (d), by the substitution of “, and” for “.”, and (III) by the insertion of the following paragraph after paragraph (d): “(e) the existing need and the likely future need for housing, in particular houses and duplexes, for purchase by intending owner-occupiers.”, (ii) by the insertion of the following subsection after subsection (7): “(8) Where on the date on which this subsection comes into operation a development plan includes a housing strategy— (a) the chief executive of the planning authority shall, for the purpose of the performance by a planning authority of its functions under this Part, make an estimate of the amount of housing referred to in subsection (3)(e) required in the area of the development plan during the period of the development plan, (b) such estimate may state the different requirements for housing for different areas within the area of the development plan, and (c) such estimate shall be deemed to be included in the housing strategy concerned.”, and (b) in section 95(1)(b), by the insertion of “section 94(3)(e) and” after “housing referred to in”.

Insertion of sections 126A and 126B into Principal Act 8. The Principal Act is amended by the insertion of the following sections after section 126: “Time limits for LRD appeals 126A. (1) Notwithstanding section 126(2), and subject to subsections (3), (4) and (5), the Board shall determine an LRD appeal— (a) where no oral hearing is held, within 16 weeks of the receipt by the Board of the appeal, or within such other period as may be prescribed under subsection (2), (b) where an oral hearing is held, within such period as may be prescribed.

Consequences of non-compliance with time limits for LRD appeals 126B. (1) Where on the expiry of a period specified in section 126A or prescribed under that section, as may be the case, in relation to an LRD appeal the Board has failed to determine the appeal and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Board shall proceed to determine the appeal notwithstanding that the period has expired.

Amendments consequential to section 8 9. The Principal Act is amended— (a) in section 104(2), by the insertion of “126A,” after “126,”, (b) in section 104(2A), by the insertion of “126A,” after “126,”, and (c) in section 262(4), by the insertion of “126A(2),” after “126(4),”.

Amendment of sections 131 and 132 of Principal Act 10. The Principal Act is amended— (a) in section 131, by the insertion of “, other than the applicant for permission in the case of an LRD appeal,” after “serve on any such person”, and (b) in section 132, by the insertion of “, other than the applicant for permission in the case of an LRD appeal,” after “as appropriate,”.

Amendment of section 142 of Principal Act 11. Section 142 of the Principal Act is amended by the insertion of the following subsection after subsection (6): “(7) Without prejudice to the generality of subsection (1), regulations under this section may— (a) provide that the Board, where it is determining an LRD appeal, may, generally or in specified circumstances, serve a notice on the applicant for permission, requesting the applicant to submit such further information, or type of information, with respect to the appeal as may be prescribed in the regulations, within such time as may be specified in the notice, and (b) require such applicant to submit further information in accordance such a request.”.

Amendment of section 146B of Principal Act 12. Section 146B of the Principal Act is amended by the insertion of “other than a development for which permission was granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ” after “the development the subject of a planning permission”.

Amendment of section 156 of Principal Act 13. Section 156(1) of the Principal Act is amended by the substitution of “section 32G, 58(4)” for “section 58(4)”.

Amendment of section 246(1)(d) of Principal Act 14. Section 246(1)(d) of the Principal Act is amended— (a) in subparagraph (i), by the deletion of “and”, (b) in subparagraph (ii), by the deletion of “and”, and (c) by the insertion of the following subparagraph after subparagraph (ii): “(iii) to planning authorities of prescribed fees in relation to the provision of an LRD opinion, and”.

Amendment of section 247 of Principal Act 15. Section 247 of the Principal Act is amended— (a) in subsection (1A)(a) — (i) by the substitution of “Subject to subsection (7) and section 5” for “Subject to section 5”, (ii) in subparagraph (i), by the deletion of “or” after “floor space,”, (iii) by the insertion of the following subparagraph after subparagraph (i): “(ia) consists of or includes the development of student accommodation that includes 200 or more bed spaces, or”, and (iv) by the substitution of “this section” for “section 247” in the 3 places that it occurs, (b) in subsection (1A)(b) by the substitution of “Where a planning authority receives a request for consultation from a prospective applicant in relation to proposed development referred to in paragraph (a), such consultations shall be held, or the planning authority shall provide a written confirmation referred to in subsection (7), within the period of 4 weeks beginning on the date on which the request is received by the planning authority,” for “Consultations under section 247 in relation to proposed development referred to in paragraph (a) shall be held within 4 weeks of the date of receipt by the planning authority, or planning authorities, as the case may be, of a request by the prospective applicant for such a consultation,”, (c) by the insertion of the following subsection after subsection (5): “(5A) A record kept by a planning authority under subsection (5) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.”, and (d) by the insertion of the following subsections after subsection (6): “(7) Where a planning authority receives a request under this section in relation to a proposed development in respect of a part of which (referred to in this section as the ‘permitted development’) permission has already been granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 or on foot of an application in accordance with section 32A, and the planning authority is satisfied, having compared the proposed development to the permitted development, that— (a) the proposed development is substantially the same as the permitted development, and (b) the nature, scale and effect of any alterations to the permitted development are not such that require the consultation process to be repeated, the planning authority may determine, notwithstanding subsection (1A), that no consultation is required under this section in relation to the proposed development and may provide a confirmation in writing to the person who made the request to that effect.

Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 16. The Act of 2016 is amended by the substitution of the following section for section 25: “25. The Fourth Schedule to the Act of 2000 has effect as if the following were inserted after paragraph 18: ‘18A. In the case of a proposed strategic housing development (within the meaning of Chapter 1 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ), the environmental impact assessment report or Natura impact statement, or both, submitted with the application for permission under section 4 of that Act is or are inadequate or incomplete.’.”.

Repeal and transitional measures 17. (1) Section 4(1) of the Act of 2016 is repealed.

Short title, construction, collective citation and commencement 18. (1) This Act may be cited as the Planning and Development (Amendment) (Large-scale Residential Development) Act 2021.

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