Planning and Development (Housing) and Residential Tenancies Act 2016
Planning and Development (Strategic Housing Development) Regulations 2017
Section 4 applications for strategic housing development (SHD) are to be made directly to An Bord Pleanála. These new arrangements are operational from Monday, 3 July 2017 and will apply for the period up to 31 December 2019, at which time the period may be extended to 31 December 2021, subject to a review process.
An Bord Pleanála has published general guidance in respect of the various new procedures introduced in the Act of 2016. This document is one of a suite of documents relating to SHD applications to An Bord Pleanála.
Further guidance is available in respect of pre-application consultations for SHD to An Bord Pleanála and of section 7 requests for EIA / AA screening determinations / scoping opinions to An Bord Pleanála.
What is Strategic Housing Development (SHD)?
SHD is defined under section 3 of the Planning and Development (Housing) and Residential Tenancies Act of 2016 as:
(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,
(c) development that includes developments of the type referred to in paragraph (a) and of the type referred to in paragraph (b), or containing a mix of houses and student accommodation 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), or (c).
Legislative Basis for SHD
Section 4(1) of the Planning and Development Act of 2016 provides that an application for permission for a strategic housing development (SHD) shall be made directly to An Bord Pleanála under this section and not to a Planning Authority.