Locations
Minister for Housing, Planning and Local Government Simon Coveney brought the draft heads of the Housing (Miscellaneous Provisions) Bill 2016 to Cabinet on 27 September 2016. In the Legislation Programme for Autumn Session 2016, this Bill is described as follows:
“To provide for implementation of a range of measures relating to Rebuilding Ireland - the Action Plan for Housing including:
- Provisions for a new fast-track planning process through An Bord Pleanála for large housing development proposals.
- New streamlined planning arrangements in relation to local authority own development for social housing and infrastructure projects, amendments to the Residential Tenancies Act to address matters relating to tenancy protection and strengthening the role and powers of the RTB.
- Amendments to facilitate the transfer of funds from the Local Government Fund to the Exchequer.”
Evidently, the proposed legislation has numerous elements and while these can be expected to be diluted and amended during the evolution of this proposed legislation, the principles are noteworthy at this early stage:
Streamlined Planning for Major Housing Developments Until 2019
This controversial new measure aims to streamline the planning process for large-scale housing developments comprising 100 housing units or more for a limited period.
The proposed measure will apply only until the end of 2019. It imposes shorter timeframes even than the Planning and Development (Strategic Infrastructure Development) Act 2006 and the aim is to place the onus on developers to initiate the planning process with higher quality proposals that comply with relevant development plans.
It is currently envisaged that the planning process for these applications will involve:
- A pre planning consultation process over a nine week period between the developer and the relevant local authority during which the council will reach a determination as to whether the proposed application should go ahead. A subsequent Further Information provision is not envisaged – incomplete applications should be rejected at the outset.
- Thereafter, the application will be submitted directly to An Bord Pleanála and decided upon within a 16 week period. Minister Coveney has stated that An Bord Pleanála will be provided with additional resources to fulfil this requirement.
- Statutory time limits are to be introduced in relation to Part VIII decisions on social housing by local authorities.
- Provisions enabling fast track renewals of expired planning permissions are proposed.
It is envisaged that provision for third party submissions will be incorporated into the process but based on the experience of the Critical Infrastructure Bill (now the Planning and Development (Strategic Infrastructure) Act 2006) through cabinet in 2005, it is likely that the streamlining of this aspect of the process will be controversial. While it is not yet known whether the tighter deadlines for the local authorities and An Bord Pleanála will be mandatory, controversy can be expected in this regard also.
Proposed Amendments to Residential Tenancies Act
The proposed legislation also provides for amendments to the Residential Tenancies Act.
It is reported that the Heads of Bill include in this regard:
- Changes affecting landlords who propose to sell 20 or more units within a development at the same time or within a six-month period;
- Protection of tenancies where property is sold between institutional investors;
- Such sales will be subject to existing tenants remaining in their homes, other than only in exceptional circumstances. This measure is designed to prevent a recurrence of situations whereby large numbers of residents were served with termination notices and is colloquially known as the ‘Tyrrelstown Amendment’ in reference to Cruise Park in Tyrrelstown where homes were purchased by an ‘vulture fund’ resulting in the service of notices of eviction on all residents.
- The right to end a tenancy after a four-year period will remain.
Proposed Restructuring of the Residential Tenancies Board
It is further reported that the Bill also proposes a restructuring of the administration of the Residential Tenancies Board with a view to strengthening its powers.
Under current legislation, the Residential Tenancies Board facilitates the resolution of disputes between landlords and tenants. The enforcement of RTB determination orders is a discretionary power, exercised at the discretion of the Board on the basis of the particular circumstances of each case. As such, there is currently no legal obligation on the Board to enforce and a strengthening of this provision may be proposed under the draft Bill.
Comment:
Minister Coveney has flagged this proposed legislation as a housing strategy as well as a homelessness strategy. Hence the proposed investment in privately funded housing developments and the focus on restricting landlords rights in relation to the eviction of tenants.
The streamlined planning initiative is welcomed subject to assurances regarding the provision of additional resources to the local authorities and An Bord Pleanála in order to ensure that the planning applications accepted under this proposed regime are high quality and inclusive of amenities including open spaces, shops, creches and access to transport routes that will distinguish these future developments from the ghetto style, unsustainable developments of the past.
With regard to the proposal to amend the residential Tenancies Act and strengthen the powers of the Residential Tenancies Board, we look forward to further information in relation to the detail of these proposals as the Bill progresses through Cabinet.