Planning and Development (Strategic Housing Development) Regulations 2017.

• Jurisdiction: Ireland
• Citation: IR SI 271/2017

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th June, 2017.

I, EOGHAN MURPHY, Minister for Housing, Planning, Community and Local Government, in exercise of the powers conferred on me by sections 179 (2) and 262 of the Planning and Development Act 2000 (No. 30 of 2000) (as adapted by the Environment, Community and Local Government (Alteration of Name of Department and Title of Minister) Order 2016 ( S.I. No. 394 of 2016 )) and sections 4 , 5 , 7 , 8 , 9 and 12 of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016), hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the Planning and Development (Strategic Housing Development) Regulations 2017.

(2) These Regulations and the Planning and Development Regulations 2001 to 2015 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2017.

Commencement

2. These Regulations shall come into operation on 3 July 2017.

Interpretation

3. In these Regulations—

“Act of 2016” means the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016);

“Regulations of 2001” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );

“specified period” has the meaning assigned to it in section 3 of the Act of 2016.

Application of Regulations

4. (1) These Regulations shall apply during the specified period.

(2) Where a request was duly made under section 5(1) of the Act of 2016 during the specified period in respect of a strategic housing development but any matter concerning the development to which these Regulations relate has not been completed before the end of that period, then, subject to section 11(10) of the Act of 2016, these Regulations shall continue to apply to that matter as if the specified period had not expired.

Construction of Regulations of 2001 (Part 23: strategic housing development)

5. During the specified period and thereafter in accordance with article 4(2), the Regulations of 2001 have effect as if the following were inserted after Part 22 of those Regulations:

“PART 23

Strategic Housing Development

Interpretation for this Part

283. In this Part—

‘Act of 2016’ means the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016);

‘application’ means an application for permission under section 4 of the Act of 2016 in respect of a proposed strategic housing development;

‘pre-application consultation’ means the consultations held under section 6 of the Act of 2016;

‘prospective applicant’ has the meaning assigned to it by section 3 of the Act of 2016.

Prospective applicant’s consultation with planning authority

284. A prospective applicant shall, at least 2 weeks prior to the date of the consultations with a planning authority referred to in section 5(2) of the Act of 2016, provide to the authority such information as it may reasonably require in relation to a proposed strategic housing development for the purpose of the consultations.

Prospective applicant’s consultation with Board

285. (1) A request to the Board by a prospective applicant under section 5 of the Act of 2016 to enter into consultations with the Board in relation to a proposed strategic housing development shall be in the form set out at Form No. 11 of Schedule 3.

(2) A request referred to in sub-article (1) shall be accompanied by the following, including maps and drawings, where appropriate:

(a) where the prospective applicant is not the owner of the land concerned, the written consent of the owner to make an application under section 4 of the Act of 2016 in respect of that land;

(b) a brief description of the proposed numbers and types of houses or numbers of student accommodation units and bedspaces, or both, as appropriate, and their design, including proposed gross floor spaces, housing density, plot ratio, site coverage, building heights, proposed layout and aspect;

(c) a brief description of proposed public and private open space provision, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant;

(d) a brief description of the proposed provision of ancillary services, where required, including child care facilities;

(e) where relevant, any other proposed use in the development, the zoning of which facilitates such use, including the proposed gross floor space for each such use;

(f) a brief description of any proposals to address or, where relevant, integrate the proposed development with surrounding land uses;

(g) a brief description of any proposals to provide for water services infrastructure, including, in the case where it is proposed to connect the development to a public water or wastewater network or both, evidence that Irish Water has confirmed that it is feasible to provide the appropriate service or services and that the relevant network or networks have the capacity to service the development,

(h) a brief description of any proposals to provide for other services infrastructure (including cabling such as broadband provision) and any phasing proposals;

(i) a brief description of proposals under Part V of the Planning and Development Act 2000 , where relevant;

(j) details of protected structures, national monuments or other monuments included in the Record of Monuments and Places, where relevant;

(k) any aspect of the proposed development likely to have significant effects on the environment or significant effects on a European site, including, in the case where the development may impact on a public water supply source, evidence of engagement with Irish Water in relation to protecting that source;

(l) the appropriate fee.

(3) A prospective applicant shall submit to the Board 2 printed copies of his or her request to enter into consultations with the Board in relation to a proposed strategic housing development, together with 3 copies of the request in a machine readable form on digital devices.

(4) A prospective applicant shall send 6 printed copies of the request referred to in sub-article (1) to the planning authority or each of the authorities in whose area or areas the proposed strategic housing development would be situated, together with one copy of the request in a machine readable form on a digital device.

(5) At the conclusion of a pre-application consultation, the Board may do either or both of the following:

(a) inform the prospective applicant of which authorities prescribed under article 295 should, in the opinion of the Board, be notified by the prospective applicant of the making of an application and the prospective applicant shall so notify those authorities in accordance with section 8(1)(b) of the Act of 2016;

(b) notify the prospective applicant that specified information should be submitted with any application for permission for the proposed development, including photographs, plans, maps, drawings or other material or particulars and, where the Board considers it appropriate, either or both—

(i) an assessment of the impact of the proposed development on transport in the area, including impact on roads, and

(ii) a scale model of the proposed development including land and buildings in the vicinity, showing the elevations and perspective of the proposed development.

(6) Where the Board considers that a second or subsequent consultation meeting is necessary for the purpose of forming an opinion under section 6(7) of the Act of 2016, such a meeting or meetings shall be held within 4 weeks of the date of the receipt by the Board of the request referred to in sub-article (1).

(7) The Board shall, as soon as may be after issuing a notice under section 6(7) of the Act of 2016, send its record of the consultations concerned to the prospective applicant and the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.

Request under section 7 of Act of 2016 to Board after consultation meeting has been held

286. (1) A request under section 7 of the Act of 2016 shall be in writing and shall state the name and address, and telephone number and e-mail address, if any, of the prospective applicant and, except where the information was provided as part of a previous request made under that section or is provided as part of another request so made at the same time, shall include—

(a) where the prospective applicant is not the owner of the land concerned, the written consent of the owner to make an application under section 4 of the Act of 2016 in respect of that land;

(b) the location, townland or postal address of the land or structure to which the request under section 7 of the Act of 2016 relates (as may be appropriate), and shall include a location map marked so as to clearly identify—

(i) in red, the boundaries of the land or structure to which that request relates and the boundaries thereof,

(ii) in blue, the boundaries of any land that adjoins, abuts or is adjacent to the land to be developed and which is under the control of the prospective applicant or the person who owns the land that is the subject of that request, and

(iii) in yellow, any wayleaves,

(c) a brief description of the nature of the proposed strategic housing development and its possible effects on the environment,

(d) the Board’s reference number for the consultations under section 6(5) of the Act of 2016, the date or dates of such consultations and any changes in the proposed development from the proposals the subject of those consultations,

(e) if the proposed development includes an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact,

(f) if the proposed development relates to the provision of, or modifications to, an establishment, an indication of that fact,

(g)...