Planning and Development (Housing) and Residential Tenancies Act 2016

4.

Strategic housing developments and planning applications

4. (1) Subject to subsection (4), during the specified period and notwithstanding anything to the contrary contained in any other provision of the Planning and Development Acts 2000 to 2016

(a) an application for permission for a strategic housing development shall—

(i) be made to the Board under this section and not to a planning authority, other than an application for permission, the purpose of which is as set out in section 34(3A) of the Act of 2000,

(ii) be so made only where section 6(7)(b) applies or, in the case that a request is made under section 7(1) , when the Board has complied with the request pursuant to section 7(2) ,

(iii) be so made only where the applicant for permission has fulfilled the requirements set out in section 8 ,

(iv) be in such form and contain such information as is prescribed, and

(v) be accompanied by the appropriate fee,

and

(b) a copy of the application, shall be sent by the applicant to the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated.

(2) (a) Not later than 30 October 2019, the Minister shall—

(i) review the operation and effectiveness of this Chapter, and

(ii) lay before each House of the Oireachtas a report of his or her conclusions from the review.

(b) The Minister may, by order made before the expiry of the specified period, extend such period during which this section shall continue to apply but—

(i) no such order shall be made before paragraph (a) has been complied with, and

(ii) any such extension shall not be made in respect of a period after 31 December 2021.

(3) Where a request was duly made under section 5(1) during the specified period in respect of a strategic housing development but any matter concerning the development to which Part 2 relates has not been completed before the end of that period, then subject to section 11(10) , the other provisions of the Planning and Development Acts 2000 to 2016 shall continue to apply to that matter as if the specified period had not expired.

(4) In the case of an application for permission for a strategic housing development that is located in a strategic development zone, the applicant may elect to make the application to the planning authority under section 34 of the Act of 2000 rather than under this section and, accordingly, section 170 of that Act applies to the application to which the said section 34 relates.

(5) The proposed strategic housing development shall not be carried out unless—

(a) the Board has approved it with or without modifications, or

(b) it is duly carried out consequent to an election under subsection (4).

Annotations:

Editorial Notes:

E8

Power pursuant to section exercised (3.07.2017) by Planning and Development (Strategic Housing Development) Regulations 2017 (S.I. No. 271 of 2017), in effect as per reg. 2.