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Local Authorities

Dáil Éireann Debate, Thursday - 15 January 2026

Thursday, 15 January 2026

Ceisteanna (404)

Seán Ó Fearghaíl

Ceist:

404. Deputy Seán Ó Fearghaíl asked the Minister for Housing, Local Government and Heritage in light of his Department's policy requiring local authorities to review, or vary, their development plans to provide additional land zoned for residential development, the reason some local authorities have advised their members that the variation process cannot facilitate zoning of lands within local area plans or LAPs, therefore significant numbers of submissions are not relevant or actionable through the process; if he agrees that this approach undermines his Department’s policy; if he accepts that the only initiatives possible within LAP areas is the upgrading of phased development; and if he will make a statement on the matter. [3245/26]

Amharc ar fhreagra

Freagraí scríofa

The revised National Planning Framework (NPF) was approved by Government and both Houses of the Oireachtas in April 2025. The NPF identifies the need to plan for approximately 50,000 additional households per annum to 2040.

To ensure that local authority development plans reflect the requirements of the NPF in respect of housing as soon as possible, I issued the NPF Implementation: Housing Growth Requirements Guidelines under section 28 of the Planning and Development Act 2000 in July 2025. 

These Guidelines set out the housing demand scenario to 2040 for each local authority by translating the NPF housing requirements into average annual figures and require planning authorities to commence the process of varying their development plan to meet the new housing growth requirements.

In addition to the baseline housing growth requirement, planning authorities have been requested to address the scope for additional provision of up to 50% in excess of the baseline figure, in light of the urgent need to increase housing delivery, and to optimise the ability to deliver on the housing requirements of the NPF.

Planning authorities are currently assessing their respective development plans and undertaking a review of the adequacy of existing zoned lands in their functional area to cater for the new Housing Growth Requirements and the potential for ‘additional provision’.

The zoning of land for particular purposes, including residential development, is an exercise undertaken by planning authorities as part of their overall statutory plan-making function and is a reserved function of the elected members.

In accordance with section 10(2) of the Planning and Development Act 2000, all existing development plans were required to include objectives for the zoning of land for particular purposes. In addition to this requirement, section 19(2) of the 2000 Act provided the option for a planning authority to include objectives for the zoning of land in a Local Area Plan (LAP), and in settlements of certain scales, the preparation of an LAP was a mandatory requirement in the 2000 Act.

The relevant provisions of the Planning and Development Act 2024 relating to plan-making were commenced on 31 December 2025 at the same time that the majority of the corresponding provisions of the 2000 Act were repealed. In accordance with sections 68 and 81 of the 2024 Act, all development plans and LAPs in operation at that time were continued in force.

Further to sections 69 and 81 of the 2024 Act, any ongoing process to make a variation to an existing development plan or an amendment to an existing LAP (including in relation to the zoning of land) that formally commenced before 31 December 2025 may continue and be completed under the 2000 Act.

The 2024 Act also provides that a development plan or an LAP that was continued in force may be varied or amended, and as such, there is no impediment to elected members exercising their function to zone land through either process.

The Housing Growth Requirements Guidelines indicate that planning authorities should ensure that the objectives of the Guidelines are not reflected in LAPs without also being reflected within the relevant development plan, given the need to ensure that the core strategy and settlement strategy of each development plan provides the overarching and comprehensive approach to housing requirements for the administrative area of the local authority, in accordance with the Development Plans Guidelines for Planning Authorities (2022).

However, the decision to zone new or additional lands for residential development through a variation to its development plan, or an amendment to an existing LAP in accordance with section 81(6) and (6A) of the 2024 Act, is a matter for each planning authority, having regard to the particular circumstances applying.

Section 81(7) of the 2024 Act provides that where a provision of an LAP continued in force conflicts with a provision of a development plan continued in force or prepared, or varied under the 2024 Act, the relevant provision of the development plan shall take precedence.

Under section 43(6) of the 2024 Act, the next development plan prepared by each planning authority shall include objectives for the zoning of land in respect of all land in the functional area of the planning authority, and any corresponding LAPs will cease to have effect when a new development plan is made under Part 3, Chapter 5 of the 2024 Act.

Since its establishment in April 2019, the Office of the Planning Regulator (OPR) has had statutory responsibility for the evaluation and assessment of local authority plans in accordance with section 31P of the 2000 Act, and more recently section 546 of the 2024 Act. The Office is statutorily independent of the Minister in the performance of this function.

In the exercise of its plan evaluation function, the OPR may make submissions to the relevant planning authority including such recommendations as it considers necessary to ensure effective co-ordination of national, regional and local planning requirements by the relevant planning authority in the discharge of its development planning function. This may include in relation to the most appropriate manner to implement the Housing Growth Requirements Guidelines.

Where it considers that it is merited, the OPR may recommend that the Minister exercise his or her function to issue a direction to a planning authority in relation to a development plan where that plan is not in compliance with statutory requirements.

The Deputy may be interested to note that the OPR maintains a database on its website outlining progress achieved by each planning authority in implementing the Housing Growth Requirements Guidelines. This is accessible at the following link: [www.opr.ie/section-28-guidelines-npf-implementation-housing-growth-requirements/] .

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