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 Screening and Scoping for SHD
Section 7 of the Act of 2016 allows for although does not require a prospective applicant to make a request to An Bord Pleanála for an Environmental Impact Assessment (EIA) and / or an Appropriate Assessment (AA) screening determination and / or scoping opinion in regard to a proposed Strategic Housing Development (SHD).
Section 7 requests may be made in writing to An Bord Pleanála any time after the SHD Pre-Application Consultation meeting has been held pursuant to section 6(5). Section 7 along with articles 286 to 291 (inclusive) of the Regulations of 2017 provide the legislative basis for these requests.
The timelines for An Bord Pleanála to respond to such requests will run separately from those of the Pre-Application Consultation itself. Responses to requests for determinations and opinions will be provided by An Bord Pleanála after the closure of the Pre-Application Consultation process.
Although not mandatory, where a request is made under section 7, a planning application for SHD development cannot be lodged until An Bord Pleanála has provided its determination and / or opinion under section 7.