Read the full article @ www.breakingnews.ie
Article uploaded by BPS Planning & Development Consultants
This site is maintained by Brendan Buck, a qualified, experienced and Irish Planning Institute accredited town planner. If you need to consult a planner visit: https://bpsplanning.ie/, email: info@bpsplanning.ie or phone: 01-5394960 / 087-2615871.
The Government has approved a new bill to reform the planning system that is being described as the third-largest bill in the State’s history. The Department of Housing said that the proposed legislation would bring “greater clarity, certainty and consistency” to how planning decisions were made, and would make the system more coherent and user-friendly. The Government says that it will take “a number of weeks” to prepare the Planning and Development Bill 2023 for publication, due to its size. It contains a number of changes from the draft bill that was published earlier this year. These include more detail on statutory mandatory timelines for all consent processes – including An Bord Pleanála (ABP) decisions. The key time periods will range from 18 weeks for appeals of decisions of planning authorities to 48 weeks for strategic infrastructure developments. These will be introduced on a phased basis. The headline period for planning authorities to make decisions will remain at eight weeks, with an additional four weeks allowed for applications that require an environmental assessment.
Read the full article @ www.lawsociety.ie
Article uploaded by BPS Planning & Development
Consultants
The chair of the Oireachtas housing committee has indicated he is reserving judgment on landmark planning legislation approved by the Cabinet, warning against any potential “watering down” of citizen’s rights in the final version. The planning and development bill has not yet been published, with Green Party TD Steven Matthews saying on Tuesday that the “devil is in the detail”. Mr Matthews’ committee conducted extensive pre-legislative scrutiny on the draft bill earlier this year, making 153 recommendations in its final report. While he indicated that an outline of the bill published by the Government suggested many of the recommendations had been adopted, he added: “The devil’s in the detail – there’s a difference between the guide and what’s written down in the legislation.” The final bill is expected in the next two weeks, with focus likely to come on whether access to judicial review has been curtailed, a key bone of contention for some backbench greens and environmental groups.
Read the full article @ The Irish Times
Article uploaded by BPS Planning & Development Consultants
A controversial Bill addressing systemic problems in the planning process and long delays in the completion times of developments will be enacted by Christmas, Minister for Housing Darragh O’Brien has said. The Planning and Development Bill runs to over 750 pages and is the third largest piece of legislation to be published in the history of the State. It includes a number of changes designed to accelerate building during the housing crisis, including fines for breaches of mandatory planning deadlines, and placing new limits related to the standing of parties to take court cases. The draft Bill extends the duration of a development plan from six years to 10 years, with a further two-year extension in exceptional circumstances. It will also provide for a new Coimisiún Pleanála to replace An Bord Pleanála.
Read the full article @ The Irish Times
Article uploaded by BPS Planning & Development Consultants
Goldman Sachs is reported to have appointed real estate investment bank Eastdil Secured and CBRE to find a buyer for Blanchardstown Centre. The shopping centre is expected to have a guide price of between €650m to €725, according to a story first reported by the Irish Times. Blanchardstown Centre, which spans around 112,000 sq m, has 180 stores. Anchor tenants include Penneys and Marks & Spencer. Last month, Nike also opened a new concept store at the centre.Goldman Sachs acquired the shopping centre, as well as two adjacent retail parks, external retail units and a five-storey office block, in December 2020 in a deal worth €750m. At the time, it described the centre as an “excellent asset in a prime location with a very strong mix of high-quality retailers.”
Read the full article @ The Irish Independent
Article uploaded by BPS Planning & Development Consultants
A DEVELOPER HAS sought planning permission to build almost 200 apartments in buildings up to 12 storeys in height on the site of an old bakery in Phibsborough, Co. Dublin, after a previous decision was quashed by the High Court. Bindford Limited has submitted a Large-scale Residential Development (LRD) application to Dublin City Council to build 196 apartments. This will include 118 build-to-sell apartments and 78 build-to-rent apartments at 113 Phibsborough Road, which is also known as the Old Bakery Site. The build-to-sell apartments will include 58 one-bed and 60 two-bed apartments. The build-to-rent will be made up of 52 studio, 22 one-bed and four two-bed apartments. The proposed development will be located at Cross Guns Bridge along the Royal Canal. The development will include the demolition of the existing buildings on the site which are connected with the old bakery and have been derelict for over 35 years, and replacing them with three apartment blocks.
Read the full article @ Thejournal.ie
Article uploaded by BPS Planning & Development Consultants
At a time when the State is pumping tens of millions of euro into the construction of greenways for cyclists and walkers, one of the most challenging projects is dividing opinion. The Dodder Greenway, already many years in the planning, will run 17km from the Bohernabreena Reservoirs in the Dublin Mountains down to the Grand Canal docks in Dublin along the Dodder river on the southside of Dublin. Of all the pedestrian and cycle routes being constructed in the country from a Government budget of almost €300 million for walking and cycling infrastructure, the €22 million Dodder Greenway passes through the largest population catchment area and is turning out to be one of the most complicated to plan.
Read the full article @ The Irish Times
Article uploaded by BPS Planning & Development Consultants
The Planning and Development (Amendment) (No.2) Regulations 2018 - S.I. No. 30 of 2018 - which came into operation on 8 February 2018, provided for an exemption from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises, including vacant areas above ground floor premises, to residential use. The regulations are primarily aimed at facilitating the productive re-use of qualifying vacant commercial buildings as homes, while also facilitating urban renewal and the bringing on stream of increased housing supply.
Planning and Development Act (Exempted Development) Regulations 2022 (S.I. 75 of 2022).
The Planning and Development Act (Exempted Development) Regulations 2022 (S.I. 75 of 2022) extends to 31 December 2025 the exemption given by SI 30 of 2018 and satisfies the commitment given by action 20.3 of Housing for All. In order to avail of the exemptions being provided for, the structure, or part of the structure, which is the subject of the change of use must have been vacant for at least 2 years immediately prior to the commencement of the relevant works, with such works being required to be completed by 31 December 2025.
In addition to the classes of use that qualified under the 2018 change of use exempted development provisions – i.e. Classes 1, 2, 3 and 6 – as outlined in Part 4 of Schedule 2 of the Principal Regulations, the new regulations extend the provisions to a new Class 12 - Use as a Public House, meaning a premises which has been licensed for the sale and consumption of intoxicating liquor on the premises under the Licensing Acts 1833 to 2018. The conditions and limitations that applied to the 2018 exempted development provisions, as outlined in previous Circular Letter PL 01/2018, will continue to apply under these regulations which include:
- Related works shall primarily affect the interior of the building, with limited external works being permitted which are in keeping with the building and neighbouring buildings, including the provision of on-street access to upper floors, and alterations to existing ground floor shop fronts in respect of window and architectural details.
- Works to the ground floor of any structure shall not conflict with an objective in a development plan for the structure to remain in retail use, with the exception, as mentioned above, of works solely for the provision of on-street access to upper floors.
- No more than 9 individual residential units can be provided in a building.
- Minimum standards shall apply to residential units being developed such as minimum requirements in relation to overall floor areas, storage space requirements and the need for adequate natural light in living rooms and bedrooms (see the “Sustainable Urban Housing: Design Standards for New Apartments - Guidelines for Planning Authorities”).
- Works to a protected structure shall not be permitted unless a section 57 declaration has been issued by a planning authority to indicate the works will not affect the character or elements of the structure which has been identified for protection.
- Works for the provision of on-site wastewater treatment and disposal systems i.e. septic tanks, shall not be permitted under the exemption.
- Works shall not be permitted in a number of limited areas, such as areas of special planning control, areas to which special amenity area orders relate and within certain proximity distances of establishments to which the major accident regulations apply.
- Care should be taken to ensure compliance with relevant legislative requirements in relation to the assessment of potential impacts on bats, their roosts and nesting birds arising from any proposed works in relevant buildings.
A number of other general restrictions as set out in Article 9 of the Principal Regulations are identified as applying to this exemption. In addition, development must not contravene a condition attached to a permission issued under the Act, including any condition specifying the permitted use of the building concerned.
Notification Requirement
As has applied since the introduction of the 2018 regulations, a planning authority must be notified in writing of the details of the development at least 2 weeks prior to the commencement of the proposed change of use, and related works, and the notification must include information on the location and details of residential units being developed. The new regulations further require that the notification must include the Eircode for the relevant property. A planning authority remains required to:
- maintain a record of any notifications received,
- make the record publicly available online and at their office, and
- submit annual returns to the Minister detailing the notifications received.
A link is provided here to the new regulations.
Details uploaded by BPS Planning & Development Consultants LTD.
Wicklow County Council has refused planning permission for Creatively Pacific’s €40 million boutique holiday resort and surf school on the 21 acres of land above Magheramore Beach in Wicklow. The Council outlined seven reasons for its refusal, these included the failure of the applicant to demonstrate that the development would not adversely affect the Magherabeg Dunes, which are a Special Area of Conservation (SAC), given the potential number of visitors it would attract. The council also pointed to the “visual impact” the development would have on what is an “unspoilt location”. The Ecological Impact Assessment was also referred to by the Council, which said it failed to demonstrate the development would not have an impact “on locally important natural habitats, species, or wildlife corridors”.
Read the full article @ The Wicklow People
Article uploaded by BPS Planning & Development Consultants
Publication of the Galway City Development Plan 2023-2029 sets out the policies and objectives for the development of the City over the plan period. The plan has been prepared in accordance with the steps set out in the Planning and Development Acts. The Elected Members of Galway City Council adopted the Galway City Development Plan 2023-2029 at the Full Council Meeting held on Thursday, 24th November 2022, and it came into effect from Wednesday, 4th January 2023. This is a six-year development plan for the City, and it is expected to remain in force (subject to any interim variations that the Council may make) until 2029.
The Development Plan is a Local Authority’s main policy document in relation to planning. The Development Plan consists of a written statement which sets out the policies for the city, and maps which show land use zonings for different types of development, such as residential, commercial, and industrial. The plan sets out the overall core strategy and specific objectives for the proper planning and sustainable development of Galway City.
The Draft Direction by Minister for Housing, Local Government and Heritage to Galway City Council as regards the making of the Galway City Development Plan 2023-2029 was released on the 20th of January 2023 and is open for submission until 4 pm on the Friday, 3rd February 2023. Written submissions or observations regarding the Draft Direction may be made to the Planning Authority during the consultation period. The Office of the Planning Regulator shall consider these before it makes a recommendation to the Minister on the matter.
The Draft Direction issued by the Minister is available to view online.
It is also available for inspection at the Planning Department, Galway City Council, City Hall, College Road, Galway, H91 X4K8, during opening hours: 9 am-4 pm, Monday to Friday.
The Minister for Housing, Local Government and Heritage, Darragh O’Brien, the Minister of State for Planning and Local Government, Kieran O’Donnell, and the Minister of State for Heritage and Electoral Reform, Malcolm Noonan, have welcomed the publication of the Draft Planning and Development Bill 2022.
The Bill, if enacted, will bring greater clarity, consistency and certainty to how planning decisions are made. It will make the planning system more coherent and user-friendly for the public and planning practitioners.
The summary of the main provisions in the Draft Bill is as follows:
Minister O’Brien has formally requested pre-legislative scrutiny of the Draft Bill by the Joint Oireachtas Committee on Housing, Local Government and Heritage. This will commence over the coming weeks before proceeding before the Houses of the Oireachtas.
Ireland’s new planning laws will be a “once-in-a-generation" piece of legislation that will “impact every soul on this island”, an Oireachtas committee has heard. Attracta Uí Bhroin, the environmental law office of the Irish Environmental Network, said it was “unacceptable” that the public could face increased exclusion from the planning process on foot of this new mammoth piece of legislation. Both she and Phoebe Duvall of An Taisce urged the Oireachtas housing committee to back a public consultation into the Government’s proposed Planning and Development Bill prior to it being finalised and enacted. The committee is currently conducting pre-legislative scrutiny of the Government’s landmark bill aimed at overhauling planning laws in this country.
Read the full article @ The Irish Examiner
Article uploaded by bpsplanning.ie
The draft planning and development Bill would cause “conflict, dysfunction and delay” and an the “erosion of environmental democracy”, environmental groups have told an Oireachtas committee. The Draft Planning and Development Bill 2022 is intended to reduce the number of judicial reviews, which have been blamed for slowing down development of housing and other infrastructure. However, the Irish Environmental Network (IEN), which includes groups such as An Taisce, Friends of the Irish Environment and BirdWatch Ireland, said the legislation would make it more difficult to hold public authorities to account and would result in a greater risk of legal action.
Read the full article @ The Irish Times
Article uploaded by bpsplanning.ie