The SHD Application Process
The SHD application process, which will take a maximum of 16 weeks from receipt of the application (except where an oral hearing is required), requires a number of key steps to be completed:
Lodgement of the SHD Application to An Bord Pleanála
The SHD application should contain the information as provided for under section 8 of the Act of 2016 and article 297 (1), (2), (3), (4), (5) and (6) and article 298 of the Regulations of 2017. Such information includes:
- Completed SHD application form.
- Consent of the owner to make an application where the applicant is not the owner of the land concerned.
- Copies of the newspaper and site notices.
- Brief outline of the proposed development.
- Location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the application relates, in accordance with the requirements of article 297(2)(c) of the Regulations of 2017.
- Evidence that Irish Water has confirmed that it is feasible to provide the appropriate service or services and that the relevant water network or networks have the capacity to service the development.
- Information on any proposed on-site wastewater treatment system and evidence as to the suitability of the site for the system proposed.
- The documents, particulars, plans, drawings and maps referred to article 297(4) of the Regulations of 2017.
- Details as to how the applicant intends to comply with the requirements of Part V, as set out in articles 297(2)(g) and (h) of the Regulations of 2017.
- Where the Board issued an Opinion under section 6(7) of the Act of 2016 that the documents enclosed with the request for Pre-Application Consultations required further consideration and amendment in order to constitute a reasonable basis for an application for permission, the application shall be accompanied by a statement of the proposals included in the application to address the issues set out in the notice.
- Statement setting out how the proposal will be consistent with the objectives of the relevant development plan or local area plan and, where the proposed development materially contravenes the relevant plan other than in relation to the zoning of land, indicating why permission should, nonetheless, be granted having regard to a consideration specified in section 37(2)(b) of the Act of 2000.
- EIS and / or NIS where required.
- The appropriate fee.
Under article 285(5)(b) of the Regulations of 2017, An Bord Pleanála may notify the prospective applicant at the conclusion of the Pre-Application Consultation process that other / additional specified information must be submitted with any application for permission, including photographs, plans, maps, drawings or other material or particulars, including an assessment of the impact of the proposed development on transport in the area, including impact on roads, and / or a scale model of the proposed development including land and buildings in the vicinity, showing the elevations and perspective of the proposed development.
EIS / NIS
An Bord Pleanála may refuse to deal with any SHD application where it considers that the application for permission, or the EIS or NIS if such is required, is inadequate or incomplete, having regard to relevant Regulations or any Pre-Application Consultation held under section 6 of the Act of 2016. Applicants will be notified of a refusal to deal with a SHD application within 2 weeks of the application being lodged. Where An Bord Pleanála refuses to deal with a SHD application, reasons and considerations will be provided.
Format of Information to be submitted:
The applicant is to submit 2 printed copies of the SHD application to An Bord Pleanála, together with 3 copies of the application in a machine readable form on digital devices, as required under article 297(5) of the Regulations of 2017. In the case of a proposed SHD that requires an EIS or NIS, these shall be submitted with the SHD application.
The applicant is to make a copy of the SHD application available for inspection on the Internet at a web address set up for the purpose for the period commencing on the date of making the application and expiring 8 weeks after the applicant is notified of the Board decision, as required under article 301(3) of the Regulations of 2017.
Planning Authority Submission of Chief Executive Report to An Bord Pleanála
The relevant Planning Authority is required to prepare and submit a report of its Chief Executive to An Bord Pleanála within 8 weeks of its receipt of a copy of the SHD application, as required under section 8(4) of the Act of 2016. The applicant is referred to the document ‘Strategic Housing Development Applications Guidance for Planning Authorities’ for information on the report of the Chief Executive of the Planning Authority.
Submissions and Observations from the Public to An Bord Pleanála
Members of the public may make submissions or observations to An Bord Pleanála for up to 5 weeks from the date of receipt of the SHD application under section 8(1) of the Act of 2016. In the interests of providing greater certainty for developers in terms of timeframes within which SHD developments can be determined, there is no provision for applicants to respond to public submissions or observations.
Oral Hearing Requests
An Bord Pleanála may hold an oral hearing in respect of a SHD application at its absolute discretion under section 18 of the Act of 2016. However, as the intention of the legislation is to fast-track SHD applications, the holding of oral hearings will be the exception. The legislation provides that An Bord Pleanála should have regard to the exceptional circumstances requiring the urgent delivery of housing and only hold a hearing where there is a compelling case for one. Where An Bord Pleanála holds an oral hearing of a SHD application, it shall make its decision within 24 weeks beginning on the day the planning application was lodged.