Planning and Development (Housing) and Residential Tenancies Act 2016

4.

Strategic housing developments and planning applications

4. (1) F4[]

(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

Amendments:

F4

Repealed (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 17(1), S.I. No. 715 of 2021, subject to transitional provisions in s. 117(2)-(5).

F5

Repealed by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 17(6), not commenced as of date of revision.

Modifications (not altering text):

C4

Prospective affecting provision: subss. (2)-(5) repealed by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 17(6), not commenced as of date of revision.

(2) F5[]

(3) F5[]

(4) F5[]

(5) F5[]

Editorial Notes:

E9

Power pursuant to subs. (2)(b) exercised (2.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (Section 4) Order 2019 (S.I. No. 598 of 2019). This extended the specified period from 1 January 2020 to 31 December 2021.

E10

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.