Last edited 18 Jun 2019

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Republic of Ireland updates to planning and development

Contents

[edit] Introduction

The Planning and Development Act 2018 has been passed and will be enacted in stages. This Act introduces a planning regulator, raises the levies on derelict/vacant sites, gives planning authorities more responsibility in relation to the granting of liquor licenses, introduces a Register of Developers who do not complete developments satisfactorily and adds some new definitions, including that of multi-occupancy dwellings. The Department of Housing, Planning and Local Government has set up a new website: ‘Myplan.ie’ – a planning information service.

[edit] Key aspects of the Planning and Development (Amendment) Act, 2018

Of note is that the following amendments to the extension of duration of permissions under Section 42 of the Principal Act come into operation on the passing of the Planning and Development (Amendment) Act, 2018, which was signed into law on 19 July 2018:

  • In the event of an application to extend the duration of a permission where substantial works have been carried out, the Planning Authority must be satisfied that an Environmental Impact Assessment (EIA) or Appropriate Assessment (AA), or both were, or were not required, before the permission was granted.
  • A decision to extend the appropriate period shall not be made more than twice. Where a second decision to extent an appropriate period is made, the combined duration of the two extensions of the appropriate period shall not exceed five years.

The principle amendments to the Principal Act are the establishment and operation of the Office of the Planning Regulator; the inclusion of provisions for the National Planning Framework; and the inclusion of provisions for Marine Spatial Plans. These are subject to a Ministerial Order(s) prior to commencement.

Other miscellaneous and consequential amendments to the Principal Act, as amended, which require commencement orders, include:

Where no response is made within eight weeks (or such longer period as may be agreed), the planning authority shall be deemed to have agreed to the points of detail as submitted.

Section 5 (iii) of the Urban Regeneration and Housing Act, 2015 is amended by Section 63 of the Planning and Development (Amendment) Act, 2018, to include the following in the definition of a vacant site:

  • (iii) the site, or the majority of the site is:
    • Vacant or idle, or
    • Being used for a purpose that does not consist solely or primarily of the provision of housing or the development of the site for the purpose of such provision, provided that the most recent purchase of the site occurred:

The provisions for the application of the Vacant Site Levy are also amended (3% of the market value in 2018, increasing to 7% in 2019 and every subsequent year).

[edit] New guidelines for planning authorities and An Bord Pleanála on dealing with environmental impact assessments.

Eoghan Murphy T.D, Minister for Housing, Planning and Local Government has, on 30 August 2018, published updated guidelines for planning authorities and An Bord Pleanála on carrying out environmental impact assessment.

The publication of the Guidelines coincides with the coming into operation on 1 September 2018 of most of the provisions of the European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018), which were signed by Minister Murphy on 26 July 2018. These Regulations transpose the requirements of Directive 2014/52/EU, amending previous Directive 2011/52/EU, on the assessment of the effects of certain public and private projects on the environment (the EIA Directive) into planning law.

Key amendments to environmental impact assessment procedures in the planning system arising from the 2014 Directive include:

[edit] Republic of Ireland Centre Technical Sub-Committee

The Republic of Ireland Centre Technical Sub-Committee is urgently seeking new members who are willing to give a little time to reviewing and commenting on upcoming legislation and regulation affecting architectural technologists in Ireland.

For further information contact Denise Germaine MCIAT, [email protected].

[edit] About this article

This article was provided by the Chartered Institute of Architectural Technologists (CIAT) and was previously published in its AT Journal Issue No 128, Winter 2018-2019. It can be accessed here.

[edit] Related articles on Designing Buildings Wiki

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