Planning and Development (Housing) and Residential Tenancies Act 2016

PART 2

Planning and Development

Chapter 1

Strategic Housing Developments

3.

Definitions ( Chapter 1)

3. In this Chapter—

“consultation meeting” means a meeting to which section 6(5) relates;

F1 [ gross floor space means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building; ]

“prospective applicant” means a person who—

(a) is the owner of the land concerned, or

(b) has the written consent of the owner to make an application under section 4 in respect of that land,

and who intends to apply for permission under that section in respect of that land;

F1 [ shared accommodation means a building or part thereof used for the provision of residential accommodation consisting of

(a) communal living and kitchen facilities and amenities shared by the residents, and

(b) bedrooms rented by the residents,

but does not include student accommodation or a building, or part thereof, used for the provision of accommodation to tourists or visitors; ]

“specified period” means—

(a) the period from the commencement of this provision until 31 December 2019, and

(b) any additional period as may be provided for by the Minister by order under section 4(2) ;

“strategic housing development” means—

(a) the development of 100 or more houses on land zoned for residential use or for a mixture of residential and other uses,

(b) the development of student accommodation units which, when combined, contain 200 or more bed spaces, on land the zoning of which facilitates the provision of student accommodation or a mixture of student accommodation and other uses thereon,

F1 [ (ba) development

(i) consisting of shared accommodation units that, when combined, contain 200 or more bed spaces, and

(ii) on land the zoning of which facilitates the provision of shared accommodation or a mixture of shared accommodation thereon and its application for other uses, ]

F2 [ (c) development that contains developments of the type to which all of the foregoing paragraphs, or any two of the foregoing paragraphs, apply, or ]

(d) the alteration of an existing planning permission granted under section 34 (other than under subsection (3A)) where the proposed alteration relates to development specified in paragraph (a), (b) F1 [ , (ba) ] or (c),

each of which may include other uses on the land, the zoning of which facilitates such use, but only if—

(i) the cumulative F2 [ gross floor space ] of the F2 [ houses, student accommodation units, shared accommodation units or any combination thereof ] comprises not less than 85 per cent, or such other percentage as may be prescribed, of the gross floor space of the proposed development or the number of houses or proposed bed spaces within student accommodation F1 [ or shared accommodation ] to which the proposed alteration of a planning permission so granted relates, and

(ii) the other uses cumulatively do not exceed—

(I) 15 square metres gross floor space for each house or 7.5 square metres gross floor space for each bed space in student accommodation F2 [ or shared accommodation ] in the proposed development or to which the proposed alteration of a planning permission so granted relates, subject to a maximum of 4,500 square metres gross floor space for such other uses in any development, or

(II) such other area as may be prescribed, by reference to the number of houses or bed spaces in student accommodation F1 [ or shared accommodation ] within the proposed development or to which the proposed alteration of a planning permission so granted relates, which other area shall be subject to such other maximum area in the development as may be prescribed;

“Strategic Housing Division” means the division of the Board referred to in section 11(1) ;

“student accommodation” has the meaning provided for by section 13 .

F1 [ student accommodation

(a) means a building or part thereof used or to be used to accommodate students whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not for use

(i) as permanent residential accommodation, or

(ii) subject to paragraph (b) , as a hotel, hostel, apart-hotel or similar type accommodation,

and

(b) includes residential accommodation that is used as tourist or visitor accommodation but only if it is so used outside of academic term times; ]

Annotations:

Amendments:

F1

Inserted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 50(1)(a), (b), (c)(i), (iii), (iv)(II), (vi), (d), commenced on enactment as per subs. (2).

F2

Substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 50(1)(c)(ii), (iv)(I), (v), (e), commenced on enactment as per subs. (2).