The draft plan seeks predicts a growth of 1 million people during the lifetime of the Plan. This population growth will be dispersed as follows:

?25% is planned for Dublin, recognised as the key international and global city of scale and principal economic driver,
?25% across the other four cities combined (Cork, Limerick, Galway and Waterford), enabling all four to grow their population and jobs by 50-60%, and become cities of greater scale, i.e. growing by twice as much as they did over the previous 25 years to 2016, and
?with the remaining 50% of growth to occur in key regional centres, towns, villages and rural areas, to be determined in the forthcoming regional plans – Regional Spatial and Economic Strategies (RSESs).

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Strategic Housing Developments involve, for a limited time-period, anew streamlined planning processes in respect of large-scale housing developments comprising 100 housing units or more or 200 or more student accommodation bedspaces allowing the making of planning applications for such developments directly to An Bord Pleanála. Importantly the Act states that such applications ‘shall’ be made to the Board and therefore there is no option involved in terms of lodging with the Council instead. Furthermore the Act states that applications involving modifications to housing development with over 99 units also have to be made to An Bord Pleanala.

The new fast-track planning procedures will apply for an initial period of 3 years until the end of 2019 with the possibility to extend that period by a further 2 years to coincide with the timeframe of Rebuilding Ireland.

Under the new procedures, following initial consultations with the Council, An Bord Pleanála will be required to complete pre-planning application consultations in relation to proposed developments with the concerned developers and the relevant local authority within a maximum period of 9 weeks. They will subsequently be required to make a final determination in respect of planning applications for concerned developments within 16 weeks of receipt of the planning application.

This will potentially result in planning decisions for concerned large developments within 25 weeks of commencement of the pre-application consultation, as against the current planning process which can take up to 18-24 months from initial design stage to securing ultimate approval.

Although the Act allows for an application to make a case for material contravention of a development plan this does not appear to be the case where the lands in question are not zoned for housing (or a mix of uses including housing). It appears therefore that the material contravention refers to the likes of density or height restrictions only.

The Act also provides that a further extension of duration of permission may be granted by a planning authority in case of a housing development comprising 20 houses or more, where the authority considers that a further extension is necessary to enable the development to be completed.

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The Circular notes, inter alia, that:

• all planning applications for scheme housing or activity relating to potential applications such as pre-planning consultations, must be afforded the highest priority by planning authorities.

• In collaboration with the new Housing Delivery Office, the Department will be establishing, in conjunction with local authorities, appropriate monitoring systems to compare and contrast rates of further information requests and decision-making periods, as well as general response times to requests for pre-application meetings relating to housing scheme type proposals.

• sites in key demand areas, that have been zoned for many years, are ready-to-go but are not being made available for development should be examined critically to determine whether other similar well-located and ready-to-go but unzoned lands should be considered as alternative zoned lands, where the prospects for making available for development of such alternative lands are better.

• Local authorities are reminded that, where pressures exist, the development plan variation process provides a means of expediting amendments to zoning decisions to ensure that development plans flexibly take account of changing circumstances or issues unforeseen at the time of the original making of the development plan.

• A flexible approach should be applied in respect of any planning conditions related to use/occupation of student accommodation which recognises the need to establish a steady rental income for such student accommodation throughout the year and planning authorities should aim to avoid making permissions for student accommodation complexes subject to restrictions on alternative summer or holiday uses.

• Planning legislation will be revised around conversion and re-use for residential use of vacant commercial property and measures to support the regeneration of cities, towns and villages.

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Also, the High Court ruled that the An Bord Pleanala determination as to whether a development would adversely impact the integrity of a European site (appropriate assessment) was generic and amounted to only an assertion that ‘Having considered all the material put in front of it, the Board has reached the following conclusion…’. It did not satisfy the legal requirement, as established under Kelly v. An Bord Pleanála [2014] IEHC 400, which found that reasons must be given to enable interested parties and courts to assess the lawfulness of the decision. The Court found that “what is required of An Bord Pleanála are complete, precise and definitive findings and conclusions of a degree of specificity sufficient that a party minded to seek judicial review of such determination can turn readily to the particular observations, reasoning or conclusions in, say, a particular report or text to which reference is made, rather than simply being told that somewhere in an ocean of documentation is some stream of logic that An Bord Pleanála favours”.

The result of this High Court decision is that Orders issued by An Bord Pleanala are now likely to be more detailed with very precise reasoning included, particularly in respect of appropriate assessment. Given the limited number of persons on the Board and the time involved in drafting such Orders this will place more pressure on the Board and possibly delay other decisions longer.

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The applicant sought continuation of existing gaming & amusement arcade at ground floor permitted under Board reference PL35.240508 at 46 Leinster Street, Athy, Co. Kildare. The Board had previously granted a temporary 3 year permission for use as a gaming and amusement arcade.

The building in which the use exits was formerly known as Hibernian Bank, and then it was used as insurance offices. It is a five bay three storey terrace building with an ornate design and granite finish. The site is located within an Architectural Conservation Area, and the building is a protected structure.

There had been an issue about compliance with a condition of the original permission regarding signage. Under the proposal a partially frosted window with minimal signage was proposed.
Kildare County Council refused permission.

In a first party appeal to An Bord Pleanala the appellant noted that this is the only amusement arcade in Athy and the gaming and amusement arcade has been operating for three years now with no incidences occurred which could be considered detrimental to the town centre. There has been no change in planning policy governing the area since the previous decision.
The An Bord Pleanala Inspector concluded that “during that three year period granted by the Board the applicant has done nothing to enhance the protected structure other than to occupy it” and the “applicant had the opportunity to comply with the planning conditions imposed by the Board (regarding signage) but he failed to do so”.

The Board refused permission (by a majority of 2 : 1) for two reasons:

1. The Board previously granted planning permission for the proposed development on a temporary basis for a period of three years only on the basis that the use would contribute to the maintenance of the Protected Structure. Notwithstanding this previous grant of planning permission, it is considered that the continued use of the premises as a gaming and amusement arcade would detract from the primary retail use of the street and from the vitality and vibrancy of the town centre. The proposed development would, therefore, be contrary to the proper planning and sustainable development of the area.

2. Having regard to the Protected Structure designation of the building and its location within a visually sensitive Architectural Conservation Area, it is considered that the proposed signage, which is reliant on opaque screening, directly affixed to the fenestration and door of the protected structure, would detract from the quality of this building and result in dead street frontage and accordingly, would adversely affect the Architectural Conservation Area. The signage as proposed would detract from the visual amenities of the area and the preservation of the character of the building and would be contrary to the proper planning and sustainable development of the area.

The first reason for refusal is of particular note in that it would normally be assumed that the purpose of a temporary permission is to establish if the use involved will become a bad neighbour over time as a result of noise, general disturbance etc. If there is evidence of complaints of this manner then the Council or the Board can refuse to extend the use under a new permission to continue. However, in this instance the use appears to have functioned without issue. There was also no change in planning policy which is important. Instead, the key determinant appears to have been that the Board simply turned on their original opinion about the suitability of the use and deemed that it was now inappropriate in terms of the impact on the street. This would appear to directly conflict with their original view.

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The Inspector noted that the original proposed development was for 74 units, which equates to a density of just under 30 per hectare. The 54 units granted equates to 24 units per hectare. The 69 units requested by the applicant in his appeal is 28 units per hectare. All these figures were deemed to be far below the ‘minimum’ of 50 units set out in Policy H4 and the related 2009 Guidelines, and very far below the overall density targets in the nearby STZ.

The Inspector therefore concluded that “the use of the site for residential development is in accordance with the zoning objective of the site, but subject to a density requirement of a minimum of 50 dwelling units per hectare, and in accordance with the detailed design and amenity standards as set out in the development plan (section 1.4), the 2009 Sustainable Residential Guidelines, DMURS and other related national and regional guidance … I can see no justification set out in any of the documents that would permit such a significant departure from the policy objectives set out in the development plan and in national statutory guidance”

The Board refused permission “Having regard to the lack of an appropriate mix of house types and sizes, to the lack of permeability for pedestrians and cyclists, the poor quality of the residential layout and design which is in conflict with the Design Manual for Urban Roads and Streets and the Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas issued by the Department of the Environment, Heritage and Local Government in May, 2009, it is considered that the proposed development would seriously injure the residential amenities of the area and the residential amenities of future occupants and would, therefore, not be in accordance with the proper planning and sustainable development of the area”.
In the Boards Direction they concurred with the inspectors recommended reason for refusal regarding density but considered that it raised a new issue and did not include it as a specific reason for refusal. They did note however that any new application for residential development on this site should conform to the points raised by the inspector

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The new guidelines contain specific national planning policy requirements that will take precedence over policies and objectives of development plans, local area plans or strategic development zone planning schemes and will apply to all housing developments, whether public or private.

The updated 2015 guidelines will be supported by legislation under the Planning and Development (Amendment) Act 2015 and will be the first set of Ministerial Guidelines issued under Section 28 of the Planning and Development Act 2000 as amended by the 2015 Act above which enables the Minister to set out ‘specific planning policy requirements’ which must be applied by planning authorities in the exercise of their functions.

The updated 2015 apartment guidelines retain the minimum floor area standards that were set nationally in 2007 but require, for the first time, that the majority of apartments in an apartment scheme exceed the minimum floor area standard in the previous 2007 guidelines, by at least 10%.

The updated guidelines introduce studio units as a possibility(min. 40sq.m), but only in managed, build-to let developments of over 50 units in certain circumstances.

The updated guidelines also:

specify new minimum communal amenity space requirements which was not a requirement of the 2007 guidelines.
require at least 50% of apartments in to be ‘dual aspect’ i.e. to face more than one direction.

specify larger than normal (2.4m) minimum ground floor to ceiling height of 2.7m.

allow consideration of north facing single aspect units and if any provided, require significantly greater minimum floor to ceiling heights of 3.0m (ground) and 2.7m (above ground) than normal (2.4m).

the guidelines clarify that these requirements do not apply to student accommodation and also introduce flexibility in respect of childcare provision within apartments schemes.

Overall the Guidelines are far more detailed that the previous 2007 guidelines yet introduce a higher degree of flexibility in terms of design detail.

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The National Planning Framework will replace the National Spatial Strategy (NSS) which dates from 2002. As the highest level planning policy document for the country, the new Framework will provide a long term vision to guide future development and investment decisions and will also co-ordinate new regional assembly strategies and local authority county development plans.

The Roadmap document sets out the role of the NPF as the overarching 20 year framework for spatial planning and regional development for regional and local authorities and An Bord Pleanála in their statutory planning functions. The NPF will also inform longer term investment in both physical infrastructure such as transport, housing, water services, energy, communications and social infrastructure relating to education and health.

The NPF will have a high-level national focus. Concurrent within the NPF drafting process, new Regional Spatial and Economic Strategies (RSES) will be prepared by the three new Regional Assemblies to replace the current set of seven Regional Planning Guideline documents which expire in 2016. These new RSES’s will have a 12 year lifespan to 2028. The combined purpose of the NPF and RSESs is to set long-term national and regional development frameworks to ensure proper planning and sustainable development in an optimal manner.

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The primary purpose of the Bill is to provide a legislative basis for the establishment and operation of the independent Office of the Planning Regulator (OPR) which was the main recommendation of the Mahon Tribunal of Inquiry into certain planning matters and payments. Under the provisions of the Bill, the OPR will be:

• fully independent of the Department in its day to day operations;
• responsible for the independent assessment of all local authority and regional assembly forward planning, including the zoning decisions of local authority members in local area and development plans, to ensure compliance with relevant national and/or regional policy;
• empowered to review the organisations, systems and procedures used by any planning authority or An Bord Pleanala in the performance of any of their planning functions under the Planning Act, including potential systemic risks of corruption and on foot of individual complaints from members of the public; and
• enabled to drive a national research, education and public information programme on proper planning and sustainable development, and to highlight the role and benefit of planning.
Among the other revisions to the Planning and Development Act incorporated in the Bill are provisions for:
• a legislatively defined approach to the development of a successor strategy to the National Spatial Strategy (Mahon recommendation Number 1),
• enhanced transparency in the planning process with submissions and observations received in respect of development plans and local area plans having to be published on planning authorities’ websites (Mahon recommendation Number 5),
• the Chief Executive’s report on such submissions also to be published on the website of the relevant planning authority (Mahon recommendation Number 5),
• the forwarding of any proposed grants of planning permission in material contravention of a local area plan or development plan to the relevant regional assembly for observations (Mahon recommendation Number 6),
• the amendment of section 255 of the Planning Act to provide that the Minister will have regard to recommendations of the OPR in relation to the appointment of a Commissioner to assume the functions of a planning authority in specific circumstances,

Also, the making of regulations by the Minister to:
• facilitate the introduction of e-planning (online submission of planning applications and appeals) and setting out the requirements in that regard, including the electronic payment of associated fees,
• require planning authorities to provide data and/ or information for databases or national planning systems as may be specified by the Minister (i.e. My-plan.ie which is the Department public information website on development plans and local area plans etc.), and
• provide for elected members paying a reduced fee or no fee for making a submission on a planning application (Mahon recommendation Number 8).

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