The Government has approved a bill that will replace the Strategic Housing Development (SHD) process with a new system that will restore powers to local authorities.
Under SHD, applications for developments of at least 100 residential units, or 200-plus student bed-spaces, can be made directly to An Bord Plean谩la (ABP).
A significant number of ABP decisions made under the system have been challenged in the courts, however.
Darragh O鈥橞rien (Minister for Housing, Local Government and Heritage) said that the Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021 would still aim to speed up the delivery of housing supply, and would retain some 鈥減ositive elements鈥 of the .
The Department of Housing said that restoring decision-making powers on large developments to local authorities would provide 鈥済reater transparency and clarity, and improved public participation in the process鈥.
Under the bill, a large-scale residential development (LRD) is:
There will be a pre-application stage, under which an applicant will seek standard pre-application consultation, as currently mandated for developments of this scale under section 247 of the .
A mandatory eight-week consultation phase with the local authority will follow, resulting in the holding of an 鈥楲RD meeting鈥, and the issuing of an 鈥楲RD opinion鈥 on whether the proposals constitute a reasonable basis for submitting a planning application.
The application stage of the process involves a standard application to the planning authority, with a mandatory eight-week decision timeframe.
The decision of the planning authority can be appealed to ABP, in which case the board has a mandatory 16-week timeframe to decide.
The bill also includes transitional arrangements for the expiry of the SHD arrangements and their replacement by the new LRD system.
After the bill is enacted, both schemes will run concurrently for a limited period, with developers already in the SHD system being able to continue to decision-making stage.
Once the final SHD planning applications have worked their way through the system, the LRD arrangements will be the only system for housing applications of this scale.
鈥淭he mandatory timelines for the three stages of the LRD planning process will streamline the overall decision-making process, thereby providing greater clarity to developers regarding timelines, and the public regarding future housing opportunities,鈥 minister O鈥橞rien said.