COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF CLONDALKIN, NEWCASTLE, RATHCOOLE, SAGGART AND BRITTAS AREA COMMITTEE
Wednesday, February 15, 2023
MOTION NO.13
MOTION: Councillor William Joseph Carey
Cathaoirleach's Business
That this Area Committee requests a report to be presented for discussion at the ACM on the Part 8 derogation procedure introduced by the Minister for Housing last December with an outline of when, if at all, SDCC Housing Department, intends to use the derogation in relation to any sites in the Clondalkin, Newcastle, Rathcoole, Saggart & Brittas areas.
REPORT:
The Planning and Development and Foreshore (Amendment) Act 2022 was enacted in December 2022 containing an amendment to Section 179 of the Planning and Development Act, 2000, as amended, with the insertion of s.179 (a.) which temporarily removes the requirement for a Part 8 planning approval process for local authority housing development where the following criteria apply:
- Land in Council ownership
- Land zoning allows residential development
- Development does not materially contravene County Development Plan
- Proposed developments align with housing strategy
- Land is serviced/capable of being serviced
- Development not required to undergo environmental impact assessment or appropriate assessment
- Plans & particulars of proposed development to be shared with elected members & public
- Development works to be commenced by 31st December 2024
Where any of criteria are not satisfied, it is anticipated that the normal Part 8 process will apply but related regulations and guidance are still awaited from the Department of Housing, Local Government and Heritage. Once this is received, an update will be provided to the Elected Members that will include schemes for which the derogation will apply.