Council resolution and circular referred in the letter


Please see the attached short briefing note I provided for the Minister in relation to the above matter for the purposes of his visit to Dun Laoghaire Rathdown this evening. Since our conversation this morning, I managed to locate the specific provisions relating to the presenting of strategic housing development proposals to elected members – sections 8(4) and (5) of the Planning and Development (Housing) and Residential Tenancies Act 2016 refer.

I trust that this explains and confirms the existing statutory provisions on this matter.

Terry Sheridan

  •  Cllr powers to raise individual planning applications

In relation to strategic housing developments (SHDs), section 8 of the Planning and Development (Housing) and Residential Tenancies Act 2016 provides that on receipt of an application for an SHD by the Board, the planning authority in whose area the proposed SHD is to be located shall notify the elected members of the making of the application and also specified information relating to the application. For this purpose, the term “elected members” is defined as the elected members of -

(i) the Local Area Committee in the case of the following local authorities – Cork, Dublin and Galway City Councils and Dun Laoghaire-Rathdown, Fingal and South Dublin County Councils; and

(ii) for all other LAs, the municipal district members for the area in which the proposed SHD is to be located.

Section 8 of the 2016 Act further requires that planning authorities shall inform the elected members - at the next meeting of the Local Area Committee or Municipal District Committee in whose area the proposed SHD is to be located - of the details of any SHD application received, a summary of the main observations on the proposal received during the 5 week public consultation period, as well as the views formed by the Chief Executive on the proposal (if same have been formed by the time the matter is brought before the elected members at a Committee meeting).

These arrangements reflect the primacy given to Local Area Committees and Municipal District Committees under the new local government structures introduced in the Local Government Act 2014 whereby it is considered that SHD proposals should be most appropriately notified to and discussed at the most local level by the elected members for the Local Area District or the Municipal District concerned rather than by the elected members of the whole Council

Senator Boyhan would prefer that all elected members in a City or County Council should be notified and informed of SHD proposals in the functional area of a local authority.

25.4.2018 Minister Eoghan Murphy TD Circular Letter PL 02-2018 Minister Eoghan Murphy TD Letter