New legislation will allow planning applications for large housing developments of more than 100 homes to be made directly to An Bord Pleanála rather than to local councils. Minister for Housing Simon Coveney is to bring the draft heads of the Housing (Miscellaneous Provisions) Bill 2016 to Cabinet today.
The new measures, which will apply only until the end of 2019, have caused great concern to councillors. However, a Department of Housing circular seen by The Irish Times says local authorities will still have a significant part in the process.
“There will still be a key role for the relevant local authority in assisting in pre-application consultations regarding proposed developments, ie in advising whether or not the proposed development is broadly in compliance with the development plan or local area plan, is serviced by necessary supporting infrastructure, ie roads, water etc, and providing other supporting local information or advice,” the circular says.
Mr Coveney’s plans will mean developers holding initial informal discussions with councils. These consultations must be completed within a maximum of nine weeks and a decision must be taken within that time as to whether the application should go ahead.
The legislation will lay down that a final determination be made within 16 weeks of the application being submitted.
A department source said the primary purpose of the proposed new arrangements is to significantly speed up the planning decision-making process and provide greater certainty for developers. The statutory requirements for consultation will be respected and members of the public and stakeholders will still be able to make observations.
The legislation also makes other proposals, including amendments to the Residential Tenancies Act. The changes will affect landlords who propose to sell 20 or more units within a development at the same time or within a six-month period.
The sale will be subject to existing tenants remaining in their homes, other than in exceptional circumstances. This would prevent a recurrence of situations whereby large numbers of residents in some developments were served with termination notices.
Mr Coveney will also seek clearance to end the practice of landlords terminating tenancies without explanation. Landlords will be bound to explain the grounds for asking tenants to leave. However, the right to end a tenancy after a four-year period will remain.
The Bill will also see a restructuring of the administration of the Residential Tenancies Board. The Minister is to ask the Cabinet to publish the legislation by the end of the month and to allow for its timely passage through the Oireachtas.
