Dáil Éireann Debate, Thursday - 11 June 2026
233. Deputy Paula Butterly asked the Minister for Housing, Local Government and Heritage if he will introduce a statutory instrument requiring developers to provide essential amenities and infrastructure before new housing developments are occupied; and if he will make a statement on the matter. [44868/26]
Amharc ar fhreagraThe local authority development plan is the principal planning policy tool for planning authorities to set out their objectives in relation to the planning and sustainable development of their functional area.
Part 3, Chapter 5 ‘Development Plans’ of the Planning and Development Act 2024 commenced on 31 December 2025. Section 44 of the Act sets out obligations for local authorities to include various strategies within their development plan related to the sustainable development of their functional area. This includes:
• the provision or facilitation of sustainable integrated transport, public transport and road traffic systems, pedestrian and cycling infrastructure.
• the provision, or the facilitation of the provision, improvement, extension and preservation of amenities, facilities and services to meet the social, community, recreational and cultural requirements.
• the reservation of land for use and cultivation as allotments and prescribed community gardens
In 2022, the Minister for Housing, Local Government and Heritage issued the Development Plans Guidelines for Planning Authorities, ‘the DPGs’, as Ministerial Guidelines under Section 28 of the Planning and Development Act 2000 (as amended). Section 7 of the DPGs sets out mandatory objectives for ‘Communities and People’. This includes objectives relating to:
• the preservation, improvement and extension of amenities and recreational amenities
• public open space provision
• the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population
• the provision, or facilitation of the provision, of services for the community including, in particular, schools, crèches and other education and childcare facilities
Section 7.3 of the DPGs states that every Development Plan should include an objective for a ‘Community, Social and Cultural Infrastructure Audit’ for areas that are likely to experience significant new development and should have a clear evidence-based rationale for future requirements “in order to maximise the social return and community benefit generated by public investment by state agencies and others.”
In relation to new settlements, the Sustainable Residential Development and Compact Settlements Guidelines (2024), “the Settlement Guidelines” also issued as Ministerial Guidelines in January 2024, set out a series of ‘key indicators of quality urban design and placemaking’. These indicators seek to ensure that new communities are well connected, contain a vibrant and diverse mix of uses and facilitate an integrated network of open spaces and amenities that meet the needs of the planned population. These indicators will inform development strategies for settlements, neighbourhoods or an individual sites throughout the plan making and development management processes.
With regard to public open space Policy Objective 5.1 of the Settlement Guidelines states that statutory development plans include an objective(s) relating to the provision of public open space in new residential developments (and in mixed-use developments that include a residential element). The requirement in the development plan shall be for public open space provision of not less than a minimum of 10% of net site area and not more than a minimum of 15% of net site area save in exceptional circumstances. These Guidelines state that public open spaces should be designed to cater for a range of active and passive recreational needs (including play, physical activity, active travel, cultural uses and community gardens and allotments, as appropriate to the context).
Under the provisions of Section 28 of Act of 2000 Planning Authorities are required to have regard to Ministerial Guidelines in performing their functions and to apply any Specific Planning Policy Requirements contained within the Guidelines. Whilst Section 28 of the Act of 2000 has been repealed, all current Ministerial Guidelines continue to have effect under Section 27 of the Act of 2024 until such time as they are replaced by a National Planning Statement.
Facilities may also funded by development contributions schemes made by elected members under section 48 of the Act of 2000, and conditions attached to permissions requiring contributions to be made towards such schemes, may also include transport facilities, open spaces, and recreational and community facilities.
