Government approves proposals for termination and replacement of Strategic Housing Development planning arrangements

The Minister for Housing, Local Government and Heritage, Darragh O’Brien TD, has today received Government approval for the termination and replacement of Strategic Housing Development (SHDs) planning arrangements.
New streamlined arrangements for large-scale residential developments (LSRDs) which restore decision-making to local authorities will be introduced to replace SHDs.
It is intended that the new arrangements will come into effect on enactment of the Bill in the autumn. Subject to Oireachtas approval and the timely enactment of the Bill, it is anticipated that the following dates will apply to the wind up of the SHD arrangements and the introduction of the new arrangements for LSRDs:

• 29 October 2021 will be the last day for requesting a SHD pre-application consultation request with An Bord Pleanála
• A planning application for a SHD must be submitted to An Bord Pleanála by 31 December 2021, at the latest, for proposals which have completed the SHD pre-application consultation process with An Bord Pleanála on or before 29 October 2021
• 25 February 2022 is the last date for submitting a subsequent SHD planning application to the Board in respect of those SHD proposals which complete the SHD pre-application consultation process after 29 October 2021

The intended end dates are being signaled now to provide certainty and clarity around the replacement of the SHD arrangements, and to allow developers and the associated professional sectors time to prepare and adapt to the proposed new arrangements.
Minister O’Brien welcomed 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.
Commenting he said, “These are very significant changes, restoring the primary decision-making function to local authorities, while also introducing mandatory timelines to ensure an efficient process for large scale residential developments.
“The new two stage planning process being provided for these types of planning applications will involve an initial application to the relevant local authority with the possibility of subsequent appeal to An Bord Pleanála.
“This will allow for enhanced public participation on these local developments. Given the restoration of the appeal mechanism for such proposed developments to the Board, the new arrangements should also reduce the number of judicial review challenges being taken against such proposed developments going forward, as is happening under the current SHD arrangements.
“We need to rapidly increase the supply of homes to get to a place where 33,000 homes are being built each year to meet demand. I am confident that these new arrangements will ensure a speedy determination of large scale housing development proposals in the planning system and ultimately get 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 autumn,” concluded Minister O’Brien.
Ends
Note for Editors:
The proposals are set out in the General Scheme for the Planning and Development (Amendment) (LSRD) Bill 2021 which is available on the Department’s website here.
LSRD Arrangements

• The main purpose of the new LSRD proposals in the General Scheme is to give early effect to the Programme for Government commitment to wind up the SHD arrangements. In doing this, it is proposed to introduce new local authority arrangements to replace the SHD arrangements.
• The proposed new Large-Scale Residential Development (LSRD) arrangements comprise 3 stages– pre-application consultation stage, planning application stage and appeal stage.
• Planning authorities will be required to complete the “final consultation meeting” within 8 weeks of the request.
• Planning authorities will be required to determine LSRD planning applications within 8 weeks of receipt.
• A mandatory 16 week timeframe for decisions on appeals will be a new requirement for these types of proposals and will streamline the decision making process thereby providing greater clarity to developers regarding timeframes for decisions in respect of large scale residential proposals.
• The definition of a LSRD will be largely similar to that for a SHD, i.e. developments of 100 housing units or more, or student accommodation developments comprising 200 bed spaces or more, or a combination of same.
• The General Scheme also proposes a number of transitional arrangements in relation to the expiry of the SHD arrangements and their replacement by the new LSRD arrangements.
• The LSRD and SHD schemes will both operate concurrently for a certain period of time until the final SHD applications have worked their way through the system at which point the LSRD arrangements will be the sole planning consent system for applications of this scale.

 
Background to SHD

• The Planning and Development (Housing) and Residential Tenancies Act 2016 (the Act) introduced new streamlined arrangements to enable planning applications for strategic housing developments (SHDs) of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála for determination.
• The SHD fast-track planning arrangements were introduced in the context of the development of the Action Plan on Housing and Homelessness – Rebuilding Ireland (2016) as part of the comprehensive package of measures aimed at expediting the delivery of housing supply, in both the public and private sectors.
• The primary purpose of the SHD arrangements was to speed up the planning decision-making process for well-designed large-scale housing developments on land already zoned for residential development, particularly in the larger urban areas where housing demand is most acute, thereby providing greater planning certainty for developers in terms of the timelines within which proposals for such developments can be determined.
• The SHD arrangements were never intended to be a permanent development consent process, as is clear from the setting of the limited timeframe in Rebuilding Ireland and as provided for in the 2016 Act.