Comment

Planning for recovery: 're-opening' Ireland

The planning system has a social and economic duty to support recovery in accordance with the Government plan to ‘re-open’ Ireland.

We are living through unprecedented times as a result of COVID-19. The Government’s efforts are properly focused upon saving lives. Now, in its plan to re-open the country, the Government looks to continue efforts to contain the virus whilst taking steps to minimise longer-term economic and social impacts.

Under the phased plan, construction and certain outdoor work will be permitted from 18 May 2020 under strict health and safety regulation. However, it appears remote working will remain in place for the vast majority of businesses, including planning and design professionals, at least until later phases of the plan are enacted.

The crisis presents a unique challenge for the planning and development industry in Ireland. In recent weeks, Government has shown willingness to take swift and decisive action, passing emergency legislation to inter alia “freeze” all time limits in the planning code.

In response to its plan to re-open the country, Government will again need to take swift and decisive action, but this time in passing legislation that enables a fully-functioning planning system,  positioned to support a strong and speedy recovery for the sector.

The crisis has again highlighted the need for the planning system to operate digitally and for Government to prioritize the development of a centralised online planning system. However, in the short term, and in the context of current and future restrictions, legislation allowing for planning submissions and correspondence (including applications) to be made digitally would result in a more effective but also a safer planning system.

The steps taken now are critical to minimise longer-term impacts on the economy and to lay the foundations for subsequent recovery.

There are some practical steps that can be taken by Government and industry professionals to allow us to play our part in re-opening the country, by ensuring the planning system operates as effectively and efficiently as possible during this period:

1. Function and flexibility

As the Irish Government moves to re-open the country, the emergence of the legislation to support an adapted and resilient planning system is required. Both public and private sectors will need to adapt to new ways of working within a system, which is, for the most part, not enabled to function in a virtual world.

New temporary legislation will need to provide a stable basis for pre-application consultation, third-party engagement, decision making and compliance. Where possible both Local Authorities and private sector consultants should be encouraged to make use of free software, which is readily available to support a range of tasks including hosting virtual meetings and the transfer of files. Mutual flexibility and understanding will required in order to facilitate a functioning planning system.

2. Focus resources on development management 

New legislation should prioritise resources towards development management rather than forward planning in the short-term, in order to allow the planning system to operate effectively and support social and economic recovery. Redeployment of resources will facilitate timely determination of applications including extension of duration applications and the ability of officials to engage in pre-application consultations.

It is expected that deferring plan-making in the short term, in most instances, will not be detrimental to economic activity. However, plan-making will be essential to economic and social recovery in the medium and longer terms. New plans will need to respond to the previously unforeseen consequences brought about by Covid-19, whilst establishing a framework for new investment.

3. Virtual pre-application consultation 

New legislation should require that pre-application consultation (including Strategic Housing Development (SHD) and Strategic Infrastructure Development (SID) meetings) takes place virtually. Government should provide the necessary resourcing to planning authorities through recruitment, outsourcing and/or investing in technology to ensure that consultation can take place online.  Such measures could be supported by ‘ring-fencing’ a quantum of application fees. Legislation should also advise as to how Oral Hearings should be conducted in accordance with health and safety measures.

It is envisaged robust pre-application consultation will allow early identification of key planning issues and enable applicants to address these matters comprehensively in their application documentation. This should reduce the need for Requests for Further Information (RFI) to be issued by the Planning Authority and more timely decisions in respect of applications.

4. A pragmatic approach to the use of conditions

Government should encourage a pragmatic approach to the use of conditions, with pre-commencement conditions applied only where absolutely necessary. Likewise, Applicants should ensure that application documentation addresses all matters comprehensively so as not to require unnecessary conditions.

The requirement for developers to comply with conditions, especially ‘prior-to-commencement conditions’ can result in delayed commencement of works on site. Pragmatic use of conditions should help to support economic recovery in this regard.

5. Renegotiation of development contribution payment plans

With many construction sites temporarily closed and projects halted as companies take stock of the impact of the crisis on sales, occupier requirements, and investment decisions, some flexibility is required to ensure that developments facing uncertainty and delay, but which are otherwise viable, are not permanently lost. 

In that regard, new temporary legislation should allow for renegotiation of development contribution payment plans, where needed, to ensure that construction of permitted developments can resume.

6. Retain and potentially enlarge scope of ‘Exempted Development’ provisions to help businesses recover

The Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2020) provide that a change of use from a restaurant to a takeaway would not require planning permission for the period of the emergency.

These measures allow hard hit restaurants to adapt during these unprecedented times, where it is not possible to serve customers on the premises.

Government should retain these regulations during the period of re-opening and potentially consider a wider scope of exempted development provisions that may be of assistance to businesses as they embark on a period of recovery. 

As we all take steps to protect health, adapt to remote working, and balance the challenges of juggling work and care responsibilities, we must not lose sight of the role that planning can play in re-opening the country and helping to address the social and economic trauma that COVID-19 is causing.

Please contact Seamus Donohoe, Brian Kelly, John Davison or Rob Peters for further information.

6 May 2020