COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF DEVELOPMENT PLAN MEETING
Tuesday, March 01, 2022
MOTION NO.42
MOTION: Councillor M. Johansson
This motion relates to chapter 6 Housing, submission SD-C195-229 on page 523 of the CE report. To remove the following sentence from the CE recommendation to Amend H1 Objective 13: (excluding Build-to-Rent developments) The amended Objective to read: Proposals for residential shall provide a minimum of 30% 3-bedroom units, a lesser provision may be acceptable where it can be demonstrated that: there are unique site constraints that would prevent such provision or that the proposed housing mix meets the specific demand required in an area, having regard to the prevailing housing type within a 10-minute walk of the site and to the socioeconomic, population and housing data set out in the Housing Strategy and Interim HNDA; or the scheme is a social and/or affordable housing scheme Reason: With the large number of Build-To-Rent developments this amendment would effectively render the Objective useless and would even encourage more unaffordable Build-to-Rent developments.
REPORT:
The motion proposes to amend H1 Objective 13 – as set out in the CE Response in relation to submission SD-C195-229 pages 523-527 of the CE Report – to remove ‘(excluding Build-to-Rent developments)’ from H1 Objective 13 to read as follows:
From:
Proposals for residential (excluding Build-to-Rent developments) shall provide a minimum of 30% 3-bedroom units, a lesser provision may be acceptable where it can be demonstrated that:
there are unique site constraints that would prevent such provision or
that the proposed housing mix meets the specific demand required in an area, having regard to the prevailing housing type within a 10-minute walk of the site and to the socioeconomic, population and housing data set out in the Housing Strategy and Interim HNDA;
the scheme is a social and/or affordable housing scheme
To:
H1 Objective 13
Proposals for residential shall provide a minimum of 30% 3-bedroom units, a lesser provision may be acceptable where it can be demonstrated that:
there are unique site constraints that would prevent such provision or
that the proposed housing mix meets the specific demand required in an area, having regard to the prevailing housing type within a 10-minute walk of the site and to the socioeconomic, population and housing data set out in the Housing Strategy and Interim HNDA; or
the scheme is a social and/or affordable housing scheme
NOTE: CE Response to the OPR submission SD-195-227 in the CE Report and recommended amendments outlined therein with regard to H1 Objective 13.
It should be noted that Build-to-Rent (BTR) units are covered by SPPR 7 and SPPR 8 in the Design Standards for New Apartments’ Guidelines (2020) which states:
For proposals that qualify as specific BTR development in accordance with SPPR 7: (i) No restrictions on dwelling mix and all other requirements of these Guidelines shall apply, unless specified otherwise;
In respect to Specific Planning Policy Requirements (SPPRs) generally, such as SPPR 7 and SPPR 8, the Design Standards for New Apartments’ Guidelines (2020) state that "Accordingly, where SPPRs are stated in this document, they take precedence over any conflicting, policies and objectives of development plans, local area plans and strategic development zone planning schemes. Where such conflicts arise, such plans should be amended by the relevant planning authority to reflect the content of these guidelines and properly inform the public of the relevant SPPR requirements".
The CE Response/Recommendation in relation to SD-C195-229 and other submissions that raised similar issues on pages 523-527 as set out in the CE Report, recommends that Build-To-Rent (BTR) units be specifically excluded under H1 Objective 13 in the interest of clarity, given that the provisions of H1 Objective 13 would not be applicable to BTR developments under the Ministerial Guidance and SPPRs set out thereunder.
The Planning and Development (Amendment) Act, 2018, introduced a requirement for Planning Authorities to implement Specific Planning Policy Requirements (SPPRs), where they are set out in Guidelines, in the performance of their functions. A statement of compliance with the various Section 28 Ministerial Guidelines and associated SPPRs is contained within Appendix 1 of the Draft Plan. The CE Response/Recommendation in relation to SD-C195-229 is consistent with the requirements of the Planning Authority to implement SPPRs.
Having regard to the motion as proposed and on further consideration of this issue, it is considered reasonable in the interest of clarity that H1 Objective 13 could be amended to read as follows:
H1 Objective 13
Proposals for residential development shall provide a minimum of 30% 3-bedroom units, a lesser provision may be acceptable where it can be demonstrated that:
→ there are unique site constraints that would prevent such provision or
→ that the proposed housing mix meets the specific demand required in an area, having regard to the prevailing housing type within a 10-minute walk of the site and to the socioeconomic, population and housing data set out in the Housing Strategy and Interim HNDA; or
→ the scheme is a social and/or affordable housing scheme
Note: Built-To-Rent (BTR) residential developments shall comply with the Sustainable Urban Housing: Design Standards for New Apartments (2020) (or any superseding Section 28 Ministerial Guidelines).
CE Recommendation: It is recommended that this motion be adopted with following amendment.Amend H1 Objective 13 as follows:
From:
Proposals for residential (excluding Build-to-Rent developments) shall provide a minimum of 30% 3-bedroom units, a lesser provision may be acceptable where it can be demonstrated that:
there are unique site constraints that would prevent such provision or
that the proposed housing mix meets the specific demand required in an area, having regard to the prevailing housing type within a 10-minute walk of the site and to the socioeconomic, population and housing data set out in the Housing Strategy and Interim HNDA;
the scheme is a social and/or affordable housing scheme
To:
Proposals for residential development shall provide a minimum of 30% 3-bedroom units, a lesser provision may be acceptable where it can be demonstrated that:
→ there are unique site constraints that would prevent such provision or
→ that the proposed housing mix meets the specific demand required in an area, having regard to the prevailing housing type within a 10-minute walk of the site and to the socioeconomic, population and housing data set out in the Housing Strategy and Interim HNDA; or
→ the scheme is a social and/or affordable housing scheme
Note: Built-To-Rent (BTR) residential developments shall comply with the Sustainable Urban Housing: Design Standards for New Apartments (2020) (or any superseding Section 28 Ministerial Guidelines).