Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th December, 2021.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 32B, 32C, 33 , 126A, 247 and 262 of the Planning and Development Act 2000 (No. 30 of 2000) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 408 of 2020 )), hereby make the following regulations:

Citation

1. (1) These Regulations may be cited as the Planning and Development (Large-scale Residential Development) Regulations 2021.

(2) The collective citation “Planning and Development Regulations 2001 to 2021” includes these Regulations.

Commencement

2. These Regulations shall come into operation on 17 December 2021.

Interpretation

3. In these Regulations, “Principal Regulations” means the Planning and Development Regulations, 2001 ( S.I. No. 600 of 2001 ).

Pre-Application consultations for LRD

4. The following article is inserted after article 16 of the Principal Regulations:

“Prospective Large-scale Residential Development (LRD) applicant’s consultations with planning authority

16A. (1) A request to the planning authority by a prospective LRD applicant under section 247(1A) of the Act shall be in the form set out at Form no. 18 of Schedule 3, or a form substantially to the like effect.

(2) A prospective LRD applicant shall provide to the authority such information as it may reasonably require in relation to a proposed LRD for the purpose of the section 247 consultation.

(3) Where the planning authority consents, the request to enter into a section 247 consultation regarding an LRD referred to in sub-article (1) may be made in electronic form.

(4) A request to the planning authority by a prospective LRD applicant under section 32B of the Act for an LRD meeting shall be in the form set out at Form no. 18 of Schedule 3, or a form substantially to the like effect.

(5) A request referred to in sub-article (4) shall, where appropriate and to the extent possible, be accompanied by the following (including maps and drawings where appropriate), which shall be addressed and taken into account in the LRD meeting and in the LRD opinion:

(a) a brief description of the proposed numbers and types of houses or numbers of student accommodation units and bedspaces, or both, as appropriate, and their design, including proposed gross floor spaces, internal floor areas and principle dimensions, housing density, plot ratio, site coverage, building heights, proposed layout and aspect;

(b) a brief description of proposed public and private open space provision, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant;

(c) a brief description of the proposed provision of ancillary services, where required, including child care facilities;

(d) where relevant, any other proposed use in the development, the zoning of which facilitates such use, including the proposed gross floor space for each such use;

(e) a brief description of any proposals to address or, where relevant, integrate the proposed development with surrounding land uses;

(f) a description of the capacity of existing or planned infrastructure to serve the proposed development, of the impact of the proposed development on existing /planned infrastructure and of any proposals to provide for other services infrastructure (including cabling such as broadband provision) and any phasing proposals;

(g) a brief description of proposals under Part V of the Planning and Development Act 2000 , where relevant;

(h) details of protected structures, national monuments or other monuments included in the Record of Monuments and Places, where relevant;

(i) details of traffic and transport assessment where relevant and of traffic, cycle and pedestrian safety;

(j) details relating to residential amenity including the assessment of sunlight, daylight, shadow, overlooking and overbearance, where relevant; for existing properties and proposed residential units;

(k) flood risk, risk of major accident and ecological impacts;

(l) where the prospective applicant is not the owner of the land concerned, the written consent of the owner to make an application under section 34 of the Act in respect of that land;

(m) the appropriate fee.

(6) Where the planning authority consents, the request to enter into an LRD meeting referred to in sub-article (4) may be made in electronic form.

(7) When issuing an opinion in accordance with section 32D of the Act a planning authority may, in addition to the requirements of section 32D, notify the prospective LRD applicant that specified information in addition to the requirements of article 23, should be submitted with any LRD application for permission for the proposed development, including photographs, plans, maps, drawings, assessments or other material or particulars where the planning authority considers it appropriate.

(8) The planning authority shall, when issuing a notice under section 32D of the Act, send its record of the section 247(1A) LRD consultation and the section 32C LRD meeting concerned to the prospective LRD applicant.”.

Notice in Newspaper

5. Article 18(1)(d) of the Principal Regulations is amended –

(a) in sub-paragraph (iv), by substituting “fact,” for “fact, or”, and

(b) by inserting the following sub-paragraph after sub-paragraph (v):

“(vi) where the application relates to an LRD, an indication of that fact and include the web address referred to in article 20A,”.

Additional requirements for an LRD application

6. The following article is inserted after article 20 of the Principal Regulations:

“Additional requirements for an LRD application

20A. (1) In this article, a reference to ‘application’ includes a reference to any environmental impact assessment report or Natura impact statement or both of those statements, if such is required, and all other documents, particulars, plans or information that accompany the application.

(2) Subject to sub-article(3), the applicant for an LRD shall make a copy of an LRD 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 LRD application and expiring 8 weeks following the sending by the planning authority to the applicant of a copy of its decision on the LRD application.

(3) Where a decision by a planning authority on an LRD application is appealed to the Board in accordance with section 37 of the Act, the applicant for an LRD shall continue to make a copy of the original LRD planning 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 original application to the planning authority and expiring 8 weeks following the sending by the Board to the applicant of a copy of its decision on the appeal.”.

Content of planning applications generally

7. Article 22 of the Principal Regulations is amended-

(1) by inserting the following sub-article after sub-article (1):

“(1A) Notwithstanding sub-article (1), a planning application under section 34 of the Act in respect of an LRD shall also include a copy of the form set out at Form no. 19 of Schedule 3, or a form substantially to the like effect.”,

(2) in sub-article (2) by substituting “sub-articles (1) and (1A)” for “sub-article (1)”, and

(3) by inserting the following sub-article after sub-article (2):

“(2A) in addition to the requirements of sub-article (2), a planning application referred to in sub-article (1A) shall be accompanied by –

(a) where it is proposed to connect the development to a public water or wastewater network, or both, 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,

(b) where, under section 32D of the Act, the planning authority issued an LRD opinion to the prospective LRD applicant that the documents enclosed with the request for the LRD meeting do not constitute a reasonable basis on which to make the LRD application, the LRD application shall be accompanied by a statement of response to the issues set out in the LRD opinion,

(c) a schedule of accommodation that details the number and type of housing units proposed, unit floor areas, bedrooms and bed spaces for the individual units, the private amenity space associated with each unit, the storage space associated with each unit, the principal dimensions and the aggregate floor area of each room and in the case of apartments whether the unit is dual or single aspect.

(d) any information specified by the planning authority under article 16A(7).”.

Procedures on receipt of a planning application

8. Article 26 is amended by inserting the following sub-article after sub-article (8):

“(9) On receipt of a planning application, a planning authority shall make the planning application available for inspection, or purchased at a fee not exceeding the reasonable cost of making a copy at the offices of the planning authority during its public opening hours.”.

Weekly list of planning applications

9. Article 27 of the Principal Regulations is amended by inserting the following paragraph after paragraph (2)(b):

“(ba) where the application relates to an LRD, an indication of that fact,”.

Weekly list of LRD pre-application consultations and LRD meetings

10. The following article is inserted after article 27 of the Principal Regulations:

“LRD weekly lists – pre-application stages

27A (1) A planning authority shall, not later than the fifth working day following a particular week, make available, and display for inspection on its website, in accordance with sub-article (2) a list of the requests under section 32B of the Act regarding Large-scale Residential Developments received by the authority during that week.

(2) A list referred to in sub-article (1) shall indicate in respect of each LRD meeting request under section 32B of the Act received during the week to which the list relates—

(a) the reference number,

(b) the name of the requestor,

(c) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate),

(d) the nature and extent of the proposed development, and

(e) the date of receipt of the request.

(3) A planning authority shall, not later than the fifth working day following a particular week, make available, and display for inspection on its website, in accordance with sub-article (4) a list of the opinions issued under section 32D of the Act regarding Large-scale Residential Developments issued by the authority during that week.

(4) A list referred to in sub-article (3) shall indicate in respect of each opinion under section 32D of the Act regarding Large-scale Residential Developments issued during the week to which the list relates—

(a) the reference number,

(b) the name of the prospective LRD applicant,

(c) the location, townland or postal address of the land or structure to which the application relates (as may be appropriate),

(d) the nature and extent of the proposed development, and

(e) the date of receipt of the application.”.

Further Information

11. Article 33 of the Principal Regulations is amended-

(1) in sub-article (1) by substituting “Subject to sub-article (1A), where a planning authority” for “Where a planning authority”,

(2) by inserting the following sub-article after sub-article (1):

“(1A) Notwithstanding paragraph (a) and (b) of sub-article (1), in the case of a planning application for an LRD, the planning authority may only request further information in relation to matters of technical or environmental detail, or both, that were unforeseen at the time of the LRD opinion and the time of lodging the LRD planning application, or new matters raised through the planning application public participation process, and such requests for further information with regard to an application for LRD may only be requested once by the planning authority.”,

(3) in sub-article (2) by substituting “Subject to sub-article (2A), a planning authority shall not” for “A planning authority shall not”,

(4) by inserting the following sub-article after sub-article (2):

“(2A) (a) Sub-article (2) shall not apply to a planning application for a proposed LRD.

(b) A planning authority shall not require an applicant for an LRD who has complied with a requirement under sub-article (1) to submit any further information or evidence.”,

(5) in sub-article (3) by substituting “Subject to sub-article (3A), where a requirement” for “Where a requirement”, and

(6) by inserting the following sub-article after sub-article (3):

“ (3A) Where in relation to an application for an LRD, a requirement under sub-articles (1) and (1A) is not complied with within the period of 2 months from the date of the request for further information under sub-article (1), or where the request relates to an environmental impact assessment or appropriate assessment or both, such additional period, not exceeding 6 months, as may be agreed by the planning authority, the LRD planning application shall be declared to be withdrawn and the planning authority shall, as soon as may be, notify the applicant that the application has been declared to be withdrawn and enter an indication that the application has been declared to be withdrawn into the register.”.

Board’s weekly list

12. Article 72 of the Principal Regulations is amended-

(1) in paragraph (2)(f) by substituting “was made,” for “ was made.”;

(2) by inserting the following paragraph after paragraph (2)(f):

“(g) where the appeal relates to an LRD, an indication of that fact.”;

(3) in paragraph (3)(h) by substituting “in relation to the appeal,” for “ in relation to the appeal.”;

(4) by inserting the following paragraph after paragraph (3)(h):

“(i) where the appeal relates to an LRD, an indication of that fact.”;

(5) in paragraph (6)(c) by substituting “referral,” for “ referral, or”;

(6) in paragraph (6)(d) by substituting “where appropriate, or” for “ where appropriate.”;

(7) by inserting the following paragraph after paragraph (6)(d):

“(e) where the appeal relates to an LRD, an indication of that fact.”;

(8) in paragraph (7)(c) by substituting “development,” for “ development, and”;

(9) in paragraph (7)(d) by substituting “for approval, and” for “for approval”;

(10) by inserting the following paragraph after paragraph (7)(d):

“(e) where the appeal relates to an LRD, an indication of that fact.”;

(11) in paragraph (7A)(d) by substituting “where appropriate,” for “ where appropriate, and”;

(12) in paragraph (7A)(e) by substituting “planning authority, and” for “planning authority.”;

(13) by inserting the following paragraph after paragraph (7A)(e):

“(f) where the appeal relates to an LRD, an indication of that fact.”;

(14) in paragraph (7B)(c) by substituting “development,” for “ development, and”;

(15) in paragraph (7B)(d) by substituting “the decision, and” for “the decision.”; and

(16) by inserting the following paragraph after paragraph (7B)(d):

“(e) where the appeal relates to an LRD, an indication of that fact.”.

LRD Appeal- Further Information

13. The Principal Regulations are amended by inserting the following article after article 73 -

“73A. (1) Subject to sub-article (2), where the Board is in receipt of an LRD appeal it may, by notice in writing, within 16 weeks of receipt of the LRD appeal, require the applicant—

(a) to submit any further information (including any plans, maps or drawings, or any information as to any estate or interest in or right over land), which the Board considers necessary to enable it to deal with the application, or

(b) to produce any evidence which the Board may reasonably require to verify any particulars or information given in, or in relation to, the appeal.

(2) Notwithstanding paragraph (a) and (b) of sub-article (1), the Board may only request further information in relation to matters of technical or environmental detail, or both, that were unforeseen at the time of the LRD opinion and the time of lodging the LRD planning application, or new matters raised through the appeal public participation process, and such requests for further information with regard to an application for LRD may only be requested once by the Board.

(3) The Board shall not require an LRD applicant who has complied with a requirement under sub-article (1) to submit any further information or evidence.

(4) Where a requirement under sub-article (1) is not complied with within the period of 2 months from the date of the request for further information under sub-article (1), or where the request relates to an environmental impact assessment or appropriate assessment or both, such additional period, not exceeding 6 months, as may be agreed by the Board, the Board shall, as soon as may be, notify the applicant of its decision on the appeal in accordance with article 74.”.

Oral Hearing of the Board

14. The Principal Regulations are amended by inserting the following article after article 78-

“Period for making a decision on LRD appeals where oral hearing is held

78A. Where the Board holds an oral hearing of an LRD appeal, the Board shall make its decision on the LRD appeal within 24 weeks beginning on the day the LRD appeal was lodged with the Board.”.

Additional Forms

15. Schedule 3 to the Principal Regulations is amended by the insertion of the forms specified in the Schedule to these Regulations.

Schedule

Form no. 18

Article 16A

Form of request to a planning authority to enter into consultations in relation to a proposed Large-scale Residential Development

BEFORE FILLING OUT THIS FORM PLEASE NOTE THE FOLLOWING

Failure to complete this form or attach the necessary documentation, or the submission of incorrect information or omission of required information, will lead to the planning authority refusing to deal with your request. Therefore, ensure that each section of this request form is fully completed and signed, entering n/a (not applicable) where appropriate, and that all necessary documentation is attached to the request form.

HOLDING OF PRE-APPLICATION CONSULTATIONS WITH THE PLANNING AUTHORITY

Under section 32E of the Planning and Development Act 2000 , as amended, neither the taking place of an LRD meeting nor the provision of an LRD opinion shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

DATA PROTECTION

It is the responsibility of persons or entities wishing to use any personal data on this form for direct marketing purposes to be satisfied that they may do so legitimately under the requirements of the Data Protection Acts 1988 to 2018. The Office of the Data Protection Commissioner states that the sending of marketing material to individuals without consent may result in action by the Data Protection Commissioner against the sender including prosecution.

Request for formal pre-application consultation or LRD meeting with [Insert Planning Authority Name] regarding the proposed development of a

Large-scale Residential Development

Form no. 19

Article 22

Form to be included with an application for permission for a Large-scale Residential Development

BEFORE FILLING OUT THIS FORM PLEASE NOTE THE FOLLOWING

Failure to complete this form or attach the necessary documentation, or the submission of incorrect information or omission of required information will lead to the invalidation of your application. Therefore, please ensure that each section of this form is fully completed and signed, entering n/a (not applicable) where appropriate, and that all necessary documentation is attached to the application form.

DATA PROTECTION

It is the responsibility of persons or entities wishing to use any personal data on a planning application form for direct marketing purposes to be satisfied that they may do so legitimately under the requirements of the Data Protection Acts 1988 to 2018. The Office of the Data Protection Commissioner states that the sending of marketing material to individuals without consent may result in action by the Data Protection Commissioner against the sender including prosecution.

Supplementary information to accompany an application for a Large-scale Residential Development

Zoning:

Large-scale Residential Development Details:

Note: If the answer to any of the below statements is “Yes”, please submit a brief statement in support of your application.

Breakdown of Housing units:

GIVEN under my Official Seal,

16 December, 2021.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations, which come into operation on 17 December 2021, set out procedural and administrative matters relating to the planning arrangements for Large-Scale Residential Developments as provided for under the Planning and Development (Amendment) (Large-scale Residential Development) Act 2021. They also prescribe in a Schedule the form of—

• a request to a planning authority to enter into consultations in relation to a proposed Large-Scale Residential Development,

• supplementary information to accompany an application to a planning authority in respect of a Large-Scale Residential Development.