Sinn Féin spokesperson on Housing Eoin Ó Broin TD has accused Minister O’Brien of delaying the abolition of the Strategic Housing Developments (SHD) planning legislation by providing developers with ample opportunity to submit planning applications, using this deeply flawed legislation until June 2022.
Teachta Ó Broin said:
“Contrary to what Minister O’Brien is saying, the flawed SHD planning legislation will unfortunately be with us through most of 2022, with the process open for planning applications until June 2022.
“Some applications will continue up until October, with the possibility of legal action late into 2022.
“For applications already in the pre-planning process, if they get approval to proceed to full planning before the 17th of December when the replacement legislation is due to be enacted, developers will have up until April to apply.
“For those applications not yet in pre-planning but where developers submit pre planning applications before the 17th of December, they will now have until June 2022 to get their applications in.
“This allows for the nine-week An Bord Pleanála pre-planning process, and if successful, a 16-week full planning timeline takes us up until June 2022.
“All this means that it is feasible that SHD applications will continue to be decided on up until October 2022.
“Just like how the Minister delayed the introduction of planning restrictions on co-living, he has now provided developers with ample opportunity, long after the SHD legislation has expired to benefit from it.
“This is bad policy and bad governance and Sinn Féin will submit amendments at Committee stage to limit these timelines.”CRÍOCH/ENDS
Note to Editor:
Transitional arrangements from the Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021
Repeal and transitional measures
16. (1) Section 4(1) of the Act of 2016 is repealed.
(2) Notwithstanding the repeal of section 4(1) of the Act of 2016, a prospective applicant
who on the date on which subsection (1) comes into operation has been issued with a 10 notice under section 6(7)(b) of the Act of 2016 in relation to a proposed strategic housing development may, subject to complying with Part 2 of the Act of 2016, proceed to apply for permission in relation to such development in accordance with
that subsection provided that—
(a) the prospective applicant notifies the Board of the prospective applicant’s 15 intention to proceed with the application as soon as practicable after the date on which subsection (1) comes into operation, and
(b) the application is made within the period of 16 weeks beginning on the date on which subsection (1) comes into operation.
(3) Notwithstanding the repeal of section 4(1) of the Act of 2016, a prospective applicant 20
who on the date on which subsection (1) comes into operation—
(a) has made a request to the Board in accordance with section 5 of the Act of 2016 to enter into consultations with the Board in relation to a proposed strategic housing development, and
(b) has not been issued with a notice under section 6(7)(b) of the Act of 2016 in 25
relation to the proposed strategic housing development,
may, subject to complying with Part 2 of the Act of 2016, proceed to apply for permission in relation to such development in accordance with that subsection provided that—
(i) the prospective applicant notifies the Board of the prospective applicant’s 30 intention to proceed with the application as soon as practicable after the date on which subsection (1) comes into operation, and
(ii) the application is made within the period of 16 weeks beginning on the date on which a notice under section 6(7)(b) of the Act of 2016 is issued in relation to the proposed strategic housing development. 35
(4) A person who on the date on which subsection (1) comes into operation has made an application to the Board under section 4(1) of the Act of 2016 for permission for a strategic housing development may withdraw the application at any time within the period of 8 weeks beginning on the date on which the person made the application by notice in writing to the Board. 40
(5) The Minister may make regulations providing for the refund of any fees paid to the
Board in respect of—
(a) a request to the Board in accordance with section 5 of the Act of 2016 to enter into consultations with the Board in relation to a proposed strategic housing development, or
(b) an application for permission for a strategic housing development in accordance
with section 4 of the Act of 2016, 5
that, on the date on which subsection (1) comes into operation has yet to be determined, that is subsequently withdrawn.
(6) Chapter 1 (other than section 4(1)) of Part 2 of the Act of 2016 is repealed.
