The new Large-Scale Residential Development (LRD) Process came into effect on the 17^th December 2021 bringing to an end its much-debated predecessor the Strategic Housing Development (SHD) scheme which commenced in 2016. The primary aim of the SHD process was to fast-track planning applications for developments of over 100 residential units or 200 student bed spaces.  While the primary aim of the LRD process remains the same as the SHD process, the major difference is that such applications will now be considered by the relevant Local Authority first rather than SHD applications which were lodged directly to An Bord Pleanála.

 

The LRD process can be broken into four distinct steps as follows:

I. Pre-Application (Section 247) Consultation with Planning Authority

8-week period of consultation with the relevant council.

II. LRD meeting with the Planning Authority and LRD Opinion

After the pre-application consultation, an LRD Meeting which is required to obtain an “LRD Opinion” concludes if “the proposal constitutes a reasonable basis for submitting an LRD planning application”.

III. LRD Application is Lodged

This must be done within 6 months of receiving the LRD Opinion.

IV. Decision

After the application is lodged the relevant Local Authority has 8 weeks to make a decision.

 

Following the decision of the Local Authority a right of appeal to An Bord Pleanála is available.

It is hoped that the reintroduction of the initial observation to the Local Authority and the subsequent appeal stage to An Bord Pleanála will help to reduce the large number of Judicial Review cases which have become prevalent in recent years.  Furthermore, the initial consultations at local level should tease out contentious issues early in the application process.  However, it remains to be seen at this early stage of the LRD scheme whether or not the revised process will result in lower levels of Judicial Reviews and assist with the delivery of much needed residential developments.

 

Author:                Ronan Lavelle, Surveyor, Bannon

Date:                    13th June 2022

The planning system in Ireland is currently undergoing a raft of proposed changes with more changes likely to come in the coming years as the Government seeks to implement its ‘Housing for All’ strategy.  While these changes will seek to address the constraints being experienced by the planning system, and which in turn impacts on housing output, new Development Plans being put forward by some Local Authorities are likely to have a detrimental impact on housing delivery.

The recently published Draft Dublin City Development Plan 2022-2028 proposes significant changes to lands which are zoned ‘Z15 – Institutional and Community’.  Lands with this use designation typically relate to properties such as colleges, residential institutions, and healthcare facilities such as hospitals.  Within the previous Development Plan, residential uses were open for consideration on Z15 lands subject to certain criteria such as the provision of 25% public open space and the preparation of an overall masterplan.

However residential uses will no longer be open for consideration under the new Draft Plan and will only be considered in “highly exceptional circumstances”.  It is estimated that there are some 1,833 acres within the Dublin City Council administrative area with a Z15 land use zoning.  While a large proportion comprise schools and educational facilities there is a significant portion occupied by religious institutions and bodies.  With the decline in vocations over the past number of decades and the ageing profile of the members of most religious orders, a number of them have taken the decision to rationalise their property footprints and release their lands for residential development.  This trend is likely to continue over the coming years.  High profile examples of residential developments on Z15 lands include Marinella in Rathgar, Ardilaun Court in Raheny, Hampton and Grace Park Wood both in Drumcondra.

If Local Authorities are serious about delivering on the Government’s ‘Housing for All’ plan then all potential options for the delivery of housing should be maintained, including on Z15 lands, particularly when this zoning has successfully delivered quality housing projects in the past.

Submissions on the Draft Development Plan are being invited on or before next Monday, 14^th February 2022.

 

Author:                 Niall Brereton, Director of Professional Services, Bannon

Date:                     8^th February 2022

 

Revised street categorisation reflects retail shift to focus on shopper experience.

The recently published Draft Dublin City Development Plan 2022-2028 proposes changes to Dublin City Council’s approach to retail in the City Retail Core (Henry and Grafton Street environs).  The revised categorisation of some streets aims to support a more diverse retail experience while preserving the role of Grafton and Henry Street at the top of the retail hierarchy.

Street categorisation involves recognising key shopping streets within the Core as suitable for specific use, protecting them as shopping destinations. The changes were informed in part by the ‘Role and Function of Retail in the Dublin City Centre’ retail study carried out by Bannon for Dublin City Council in early 2021.

Street Category Changes

Category 1 designation focuses on a predominately higher order retail user mix at street level, aiming to promote premium retail within the city centre. Under Category 1 low-order retail services are not permitted and non-retail services may be provided for, on merit, providing they do not undermine the primary retail function. The revised plan has allocated the Category 1 designation to Henry/Mary Street (O’Connell to Jervis Street) and Grafton Street only. O’Connell Street, Middle Abbey Street, Liffey Street Lower, Wicklow Street, South Anne Street, Duke Street and South King Street have all been moved from Category 1 to Category 2 streets.

Category 2 applies to streets where there is an existing mix of operators, such as retail, food and beverage, cultural and entertainment, or where there is the opportunity for increased diversity of retail character on the street. The objective is to allow for a retail mix that is complimentary to the Category 1 street while enhancing the vibrancy of the shopping experience within the City Centre.

This plan underscores Henry and Grafton Street as the City’s premier retail destinations whilst the re-categorisation shall be supportive of a more diverse and vibrant retail offer within the broader retail core. The changes will allow the City Centre to better reflect what is happening in the global retail market with a shift to Omni Channel Retailing and a greater focus on the experience that retail destinations offer rather than just the products they sell. This approach strengthens the City Retail Core’s ability to attract spend from the workers, students and tourists that have been so sorely missed.

South Anne Street (pictured) has changed from a Category 1 to a Category 2 Street. This will be supportive of the burgeoning F&B activity in the area.

George Colyer is a member of Bannon’s Consultancy Team. It provides strategic solutions for stake holders in the Property Market.