Updates

Planning and Development (Large Scale Residential Developments) Act 2021

Jurisdiction: Republic of Ireland

Commencement: 17st December 2021

Amends: Planning and Development Act 2000

Mini Summary

The Planning and Development Act 2000 is designed to serve as a planning code and therefore, in order for any development to be valid it should be undertaken in compliance with the requirements of this legislation, as well as any other legislation such as the Environmental Protection Agency Act 1992.

The Planning and Development Act 2000 revised the entire amount of planning law into a single piece of legislation, covering all forms of planning and development. The scope of the Act is wide and sets out a detailed section-by-section analysis of the provisions of the Act, including development plans, local area plans, regional planning guidelines, architectural heritage, housing supply, appeal procedures and environmental impact assessment. Under the Act each Local Authority has a responsibility to determine policy in its area through a Development Plan and for applying the policy through planning control, planning applications and enforcing planning decisions.

The amendments of 2002 include changes to Part V of the 2000 Act (Housing Supply) and other miscellaneous amendments.

Amendment

The following definitions in the Planning and Development Act 2000  are amended.

Large-scale residential development (LRD) means:

  • the development of 100 or more houses; and
  • the development of student accommodation consisting of 200 or more bed spaces.

LRD floor space means the internal measurement of the floor space of a building or part of a building, excluding any floor space provided for:

  • parking; and
  • ancillary residential services such as gyms and child-care facilities.

Applying for planning permission
A person who intends to apply for planning permission for LRD must hold an LRD opinion or written confirmation in accordance with Section 247(7).

Restrictions surrounding an LRD opinion can be found here.

Section 126A and Section 126B set out the duties of a planning authority in relation to LRD appeals.

Section 4(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016  is repealed.

 

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