Planning and Development (Housing) and Residential Tenancies Act 2016
Planning and Development (Strategic Housing Development) Regulations 2017
Pre-Application Consultation is a new and mandatory step required prior to making an application for a strategic housing development (SHD) to An Bord Pleanála. 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 ‘Pre-Application Consultation’ for SHD with An Bord Pleanála.
Further guidance is available in respect of making a ‘Planning Application’ for SHD 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 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 Act of 2016 provides that an application for permission for a strategic housing development shall be made directly to An Bord Pleanála and not to a Planning Authority, as was the case previously.