Special Housing 2015

Housing Promotion

The purpose of the 2015 Act was to provide legislative underpinning to certain measures of the Government housing package entitled “Stabilising Rents, Increasing Supply” which encompasses a range of measures to improve the operation of the private rental sector, to help tackle on-going issues in relation to the increasing numbers presenting as homeless and to support increased housing supply.

The Act seeks to underpin certain aspects of the government’s housing package known as stabilising rents, increasing supply. This includes a range of measures seeking to improve the operation of the private rented sector.

It is designed to increase housing supply by streamlining the process for modification of strategic development zone planning schemes. It seeks to ensure that planning authorities do not seek requirements of both the national standards set in the revised department standard guideline.

Specifically, two elements of the package designed to increase housing supply required legislative underpinning, namely streamlining the process for the making of modifications to Strategic Development Zone (SDZ) planning schemes and ensuring that planning authorities do not seek requirements above the national standards set in revised apartment standard 0guidelines.

The main provisions of the 2015 Act relate to:
• strengthening the status of aspects of Ministerial guidelines to planning authorities to ensure their consistent application, particularly i n relation to the proposed issue of revised apartment standard guidelines, and
• streamlining the process for the making of modifications to SDZ planning schemes.

Planning authorities are to have regard to Ministerial guidelines in the performance of their planning functions i.e. in the determination of planning applications and in the adoption of development plans etc. The Minister may, within section 28 guidelines, expressly state specific planning policy requirements to be applied by planning authorities, or An Bord Pleanála, as appropriate, in the exercise of their functions. This will enable the content of guidelines to distinguish between advisory or general commentary, on the one hand, and specific requirements that have to be applied.

Urban Apartments

The sustainable urban housing design standards for new apartment guidelines provide  planning guideline requirements to be applied by planning authorities and an Bord Pleanala in certain housing planning applications.

2015 legislation allows for an  expedited process for applications for developments with planning permissions for  multiunit developments incorporating revised apartment standards. A multi-unit development is a development comprising one or more buildings with at least five residential units where amenities, facilities or services are shared.

In respect of these type of applications which take advantage of the apartment guidelines, the planning authority must consider the restrictions and not look at any wider issues. Third parties may not appeal a decision to grant planning permission unless it results in a materially significant change to the exterior of the premises as approved by the planning permission.

The Board may not consider the case afresh in the same manner to take account of issues not raised by the parties. It must limit its consideration in the same way as the planning authority.

Apartment Standards

The  2015 Act underpins revisions amending the  2007 apartment standard guidelines, which contain specific new requirements in relation to minimum apartment sizes, the number of lifts per number of apartments, car parking provision, floor to ceiling heights, the provision of dual aspect apartments etc and ensure their consistent application.

The revised guidelines represent a change in “national planning policy” which were to be  implemented by planning authorities in the determination of planning applications and the adoption of development plans. It allows for future revisions to guidelines or new guidelines to be expressed and applied in a clearer manner and will improve consistency and certainty in the planning process generally by distinguishing, in policy terms, between matters to be determined locally and by national policy.

Ministerial Guidelines

Planning authorities are to expressly consider any specific national planning policy requirements arising from section 28 guidelines issued by the Minister in the determination of planning applications, and where such guidelines and the standards or provisions of a local development plan differ, the national planning policy as reflected in Ministerial guidelines shall prevail and take precedence.

This precludes the adoption by local authorities of their own local apartment standards thereby preventing a multiplicity of approaches throughout the country and will require local authorities to comply with the national guidelines issued by the Minister.

The 2015 Act provided amendments  aimed at

• streamlining the assessment of applications seeking modifications to existing planning permissions in respect of multi-unit housing developments on foot of the issuing of new or revised apartment standard guidelines by the Minister;
• restricting the assessment of such applications to the modifications proposed for the purpose of complying with the new guidelines and not re-opening the whole previously granted permission and the question of the suitability of the development for housing as already determined; and
• in the case of internal changes only arising from new or revised guidelines and where there is no materially significant change to the external structure of the development, to preclude the right of third party appeal in such cases.

Guidelines

Part. IX of the Planning and Development Act 2000 as amended include strengthening the status of ministerial guidelines of the planning authorities to ensure consisting applications, particularly in relation to the proposed issue or revised apartment standard guidelines, streamlining the process for the making of modifications to Strategic Development Zone schemes.

The 2015 Act introduces a power by which the Minister may, under ministerial guidelines to planning authorities, state specific planning requirements to be applied by planning authorities, or An Bord Pleanála, in exercise of their functions. The pre-existing legislation provided that the authorities were to have regard to the guidelines in the performance of their functions.

Guidelines may be advisory or general commentary or it may be specific requirements that must be followed. It is intended to issue guidelines in relation to apartment standards with minimum apartment sizes, number of lifts per apartment, car parking, floor heights, dual aspects.

Planning authorities must consider national planning requirements arising from guidelines in determining applications where the guidelines and provisions of the development plan differ, the national policy reflected in guidelines is to take precedence.

Streamline

The 2015 legislation, seeks to streamline the assessment of applications which seek modifications to existing permissions in respect of multiunit housing developments on foot of the new or revised apartment standard guidelines. The effect is that the suitability of the development, in principle, is not reopened in the case of internal changes only, arising from guidelines where there is no materially significant change to the external structure of the development.

There is no third-party appeal. Applications are limited to the modifications proposed for the purpose of complying with the guidelines. No third-party appeal applies to internal changes only arising from guidelines.

Strategic Development

Strategic Development Zones are designated by government areas as areas considered to be of economic and social importance to the State. After designation, planning schemes providing the objectives for specified development within the designated areas are prepared by the development agencies which may be the local authority, be or include the local authority.

They are subject to consultation procedures and are then submitted to be elected members for adoption. Planning schemes may be appealed to Bord Pleanala, to date have been Special Development Zone planning schemes have been approved by the local authorities have been appealed to Bord Pleanala, in all cases to date.

Under the pre-existing legislation, Bord Pleanala may make modifications to a scheme, of a minor nature. Where it considers the scheme requires material alterations it, in effect overturns the scheme and requires the entire process to recommence.

An Bord Pleanala Scheme Approval

The 2015 Act provides that Bord Pleanala can approve a scheme with modifications of a minor nature and also approve the scheme with modifications that would constitute a material change to the scheme, provided that the modification would not constitute a change in overall objectives of the scheme.

Bord Pleanala may require the planning authority to undertake a Strategic Environmental Assessment or an appropriate assessment or both and undertake a public consultation process, followed by submission of a report to Bord Pleanala for consideration. Where Bord Pleanala makes a determination to modify the scheme constituting material change to the planning scheme, it will approve the scheme with modification and notify the planning authority (or development agency) required. The purpose is to expedite the preparation of Special development zone schemes.

A planning authority on its own behalf in promoting a scheme on behalf of a development agency may make an application for an amendment to a previously approved scheme which may be in the course of being implemented. It may be in respect of minor modifications or modifications though material in nature meet certain criteria and do not affect the overall objectives of the scheme.

Amendments to the scheme may be determined by Bord Pleanala following procedures provided for including mandatory public consultation and the undertaking of Strategic Environmental Assessment and appropriate assessment, or both. The process should however take considerably shorter than under the prior arrangements.