New Bill will continue to expedite the delivery of housing developments of 100 or more homesBill delivers on commitments in both the Programme for Government and Housing for All
The Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, has received Government approval for the publication of the Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021. As set out in Housing for All, the Government’s far-reaching plan to create a sustainable housing system into the future, the Bill will introduce a new planning process for Large Scale Residential Developments (LRDs) to replace the Strategic Housing Development (SHD) process, while continuing to expedite the delivery of housing supply, in both the public and private sectors. The reforms will restore decision-making powers on large residential developments to local authorities in the first instance, providing greater transparency and clarity and improved public participation in the process. The Bill will also provide certainty and stability to the construction sector by retaining some of the positive elements of the SHD arrangements such as mandatory pre-application consultation, quality of applications submitted and decision timelines. A large-scale residential development is: A housing development of 100 or more units Student accommodation comprising 200 beds or more A combination of the two where the threshold is met for either element Delivering on commitments in both the Programme for Government and in Housing for All, the new LRD arrangements will involve three stages: Pre-application stage: This involves two steps; firstly, the applicant will be required to seek standard pre-application consultation as currently mandated for developments of this scale under section 247 of the Planning Act. The second step entails a mandatory 8-week consultation phase with the local authority resulting in the holding of an “LRD meeting” and the issuing of an “LRD opinion” as to whether the proposals constitute a reasonable basis for submitting a planning application. Application stage: This stage involves a standard application to the planning authority with a mandatory 8-week decision timeframe. Appeal stage: The decision of the planning authority may be appealed to An Bord Pleanála, in which case the Board has a mandatory 16-week decision timeframe. The Bill also proposes a number of transitional arrangements in relation to the expiry of the SHD arrangements and their replacement by the new LRD arrangements. Following enactment of the LRD Bill, the LRD and SHD planning consent schemes will both operate concurrently for a limited period, with developers already in the SHD system being able to continue to decision-making stage. Once the final SHD planning applications have worked their way through the system, the LRD arrangements will be the sole planning consent system for housing applications of this scale. This Bill/process was originally termed the “large scale residential development” (LSRD) process. However, it was subsequently changed to “large-scale residential development” (LRD). Minister O’Brien welcomed the Government’s decision saying that it provided for planning applications for large-scale residential developments to be dealt with in the first instance at the local level by local planning authorities and in an expeditious manner. Commenting he said, “These are very important changes which restores the primary decision-making function to local authorities, while retaining some of the positive elements of the SHD arrangements such as mandatory pre-application consultation, quality of applications submitted and decision timelines.” “At the same time, the LRD arrangements will also allow for enhanced public participation through the restoration of the appeal mechanism to the Board.” Minister O’Brien added, “The mandatory timelines for the three stages of the LRD planning process will streamline the overall decision-making process, thereby providing greater clarity to developers regarding timelines and the public regarding future housing opportunities.” “My Department’s Housing for All plan recognizes that the planning system must be reformed to ensure that there is certainty and stability for those providing housing in Ireland. The introduction of these new permanent streamlined arrangements for developments of this scale will provide the necessary stability and assist in getting new developments off the ground.” “I look forward to engaging with the Oireachtas on these proposals and progressing the Bill in the Oireachtas in the coming weeks”, concluded Minister O’Brien. The Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, and his departmental colleagues Minister of State with responsibility for Local Government and Planning, Peter Burke TD, and Minister of State for Heritage and Electoral Reform Malcolm Noonan TD, have welcomed the publication of the Climate Action Plan 2021. The Department has committed to actions across diverse areas such as planning systems, wind energy, climate science, climate services, social housing retrofitting and peatlands restoration to deliver the Climate Action Plan for the years ahead.
Highlight actions include: Planning
The actions in Housing for All, our new housing plan for Ireland have been developed to support the targets and objectives of the Climate Action Plan, setting out a pathway to economic, societal and environmental sustainability in the delivery of housing. Highlight actions include:
Wind energy and marine planning
Water management
Biodiversity and peatlands restoration - Restore/rewet raised bog Special Areas of Conservation and Natural Heritage Areas as set out in the National Raised Bog Special Areas of Conservation Management Plan 2017-2022. Such restoration measures, and hydrological management of our protected peatlands, will halt and reduce peat oxidation and carbon loss - The Department is supporting the Peatlands and People project, with a budget of €10 million, which aims to significantly reduce carbon emissions through restoration and other land management activities
Built heritage
Met Éireann and Climate Science - As a Division of the Department of Housing, Local Government and Heritage, Met Éireann will continue to inform climate change policy by implementing a climate science programme to understand, analyse and model Ireland’s past, current and future climate and to support climate change impact planning and decision-making by developing and coordinating climate services. Such activities include developing state-of-the-art Earth system climate modelling, standardising national climate projections, leading Ireland’s Global Climate Observing System (GCOS), delivering more than 80 automated climate monitoring stations, building flood forecasting capability in support of the National Flood Forecasting Warning Service (NFFWS), developing climate maps for use in building design, supporting National Emergency Management during extreme weather events. Speaking this afternoon, Minister O’Brien said: “The Government’s Climate Action Plan 2021 demonstrates our commitment to meaningful action to address climate change. My Department has today committed to action across housing, planning, marine, weather and climate services, and natural heritage protection to help Ireland on its path to carbon neutrality by 2050. I particularly welcome the progress made to date in ensuring energy-efficient housing stock, through our social housing retrofitting programmes. Energy-efficiency in our building standards and improvements to our existing housing stock are crucial to our efforts to tackle climate change. Having just recently signed a Memorandum of Understanding with the United Nations Economic Commission for Europe for the High Performance Building Alliance I am particularly glad that Ireland will now be part of a UNECE Network of Centres of Excellence for High Performing Buildings, demonstrating our commitment to the highest standards of energy efficiency for Ireland’s buildings. Meaningful action on climate change is informed by data and the translation of this data into the knowledge and tools needed for users to make decisions on climate impacts (so-called “climate services”). In this context, Met Éireann’s scientists are central to Ireland’s efforts to address climate change. By providing the intelligence and data on how our climate is changing, by developing and coordinating the provision of climate services, working with national and international partners, Met Éireann provides insights that can inform policy and actions taken right across Government, particularly as we plan for future extreme weather.” Minister of State for Heritage and Electoral Reform, Malcolm Noonan TD, spoke about the role of protecting our natural heritage in taking action against climate change. “The climate crisis and the biodiversity crisis are intrinsically linked: climate change causes biodiversity loss through droughts, floods, fires, changes in the distribution of species, the spread of pests, diseases and invasives, and ecological disruption in terms of the timing of the growing season, bud burst, fruit ripening, egg laying and hatching, and migration. Biodiversity loss also causes climate change: decades of wetland drainage for peat extraction and inappropriate afforestation have resulted in degraded bogs that actually emit carbon instead of store it. But while the problems are linked, so too are the solutions. My Department continues to work with its partners across Government, State Agencies, Local Authorities, landowners, farmers and community groups to protect, enhance and restore habitats across Ireland, including our precious peatlands. This Government is also investing in nature to a level not seen since before the financial crisis, with a 64% increase in funding for the National Parks and Wildlife Service since 2020. Nature is our first and best line of defence against a changing climate and a vital ally in terms of climate mitigation. I look forward to continuing to work with our partners to progress this Government’s unprecedented ambition for nature and the climate.” Minister of State for Planning and Local Government, Peter Burke TD, spoke of the Department’s role in reforming the planning system as part of decarbonisation. “The importance of Ireland’s planning system in addressing climate change is clear in today’s Climate Action Plan. In the area of maritime planning and the facilitation of offshore wind energy, the emerging plan-led system is providing a foundation for climate measures, such as meeting renewable energy targets through offshore renewable energy installation, and identifying ways that all activities in the maritime area can contribute to carbon reduction and adaptation measures Many local authorities are in the process of reviewing their development plans and are focussed on integrating compact growth which, once completed, signifies a significant step-change in planning policy from national to regional and local. Climate change measures as well as renewable energy targets now also form a key consideration in development plans”. Ban on rent increases exceeding inflation under Harmonised Index of Consumer Prices (HICP) will continue, subject to a new cap of 2% p.a. on any rent increase in a RPZ
Measure will result in far lower rent increases for tenants The Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, has received Government approval to cap rent increases at 2% p.a. in Rent Pressure Zones (RPZ). This new cap will only operate when general inflation is higher than 2%. Key provisions are now being drafted as a matter of priority and are set to form part of the Residential Tenancies (No. 3) Bill 2021, to be published as soon as possible this month for urgent enactment thereafter. The cap will apply immediately upon enactment. The previous cap of 4% on annual rent increases was replaced on 16 July 2021, with rent increases in RPZs currently prohibited from exceeding general inflation as recorded in the Harmonised Index of Consumer Prices (HICP). The aim was to bring about far lower rent increases for the estimated 74% of all tenancies which are in RPZs. HICP averaged 0.73% over the three years to July 2021. Given the unexpected rise in inflation, a rent increase cap of 2% p.a. will apply under this Bill when the HICP inflation rate is higher. Commenting Minister O’Brien said, “When introducing the legislation to link any rent increases to HCIP in July, I was very clear on the need to carefully monitor inflation. At that time, HICP inflation averaged 0.73% p.a. over the previous 3 years but had risen to 1.6% p.a. in the year ending June 2021. Given the continuing rise in HICP inflation I quickly moved to engage with the office of the Attorney General and to secure Government approval to introduce a 2% cap on rent increases in RPZs. This measure respects the constitutionally protected property rights of landlords and aims to safeguard continued investment in the sector by existing and new landlords to deliver the requisite supply of high-quality rental accommodation. “In addition to significantly reducing the level of rent increases in RPZs, the Bill will also address long-term security of tenure by introducing tenancies of indefinite duration. This was a key commitment in Housing for All, our new housing Plan for Ireland. “This Government is fully committed to improving the situation for renters in Ireland and we are making strides in this regard. We have tenants in situ in our first cost rental homes availing of rents which are up to 50% below the open market rate. Applications for other schemes have recently closed and from seeing the volume of applications we know that we need to significantly scale up cost rental in Ireland. Housing for All sets us on a path to achieving 18,000 cost rental homes between now and 2030 – an ambitious but achievable target,” he concluded. ENDS Relevant information will be available the Residential Tenancies Board’s website – www.rtb.ie Minister for Housing, Local Government and Heritage and Local Fingal TD, Darragh O’Brien has met again with representatives of the ‘Irish Families Through Surrogacy’ organisation to discuss the forthcoming Assisted Human Reproduction (AHR) legislation and the issues surrounding international surrogacy arrangements.
Minister O’Brien said the establishment of a time-bound joint Oireachtas sub-committee to consider the issue of international surrogacy and to report with recommendations was a very positive step and welcomed the fact that three Government Departments were working together on the issue. Commenting he said, “I received an update from the Minister for Health who told me that the Department of Health, Department of Justice and the Department of Children, Equality, Disability, Integration and Youth will bring a joint memo to Cabinet in the coming weeks. “The purpose of the memo’s proposals will be to ensure that the rights, interests and welfare of all persons involved in international surrogacy arrangements – children born through surrogacy, surrogate mothers and intending parents – are considered by a soon to be established Oireachtas sub-committee. “The Assisted Human Reproduction (AHR) Bill is a priority for the Government, and a commitment to enact this legislation is included in the Programme for Government. The Department of Health and the Office of the Attorney General will continue to work intensively to finalise this complex legislation, which is on the priority list for publication during the autumn legislative term. In terms of international surrogacy arrangements the Department of Health is continuing to engage with the Department of Justice and the Department of Children, Equality, Disability, Integration and Youth in respect of this policy area. “Having met with representatives of ‘Irish Families Through Surrogacy’ I really understand the importance of this matter and I will strongly support the establishment of the sub-committee when it gets to Cabinet and I look forward to this Committee getting underway,” he concluded. |
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November 2023
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