Planning

 

What is a Large-scale Residential Development (LRD)

Large-scale Residential Development or LRD applications are applications made to the Local Authority for
- the development of 100 or more houses,
- the development of student accommodation that includes 200 ore more bed spaces,
- both the development of 100 or more houses and of student accommodation, or
- both the development of student accommodation that includes 200 or more bed spaces and of houses.

LRD applications are restricted to residential zoned lands and do not apply to lands designated as Strategic Development Zones. Any other uses proposed within the development are required to be compliant with the Land Use zoning objectives designated by the Development Plan. Non-residential developments proposed within an LRD application is restricted to 30% of the total floor area.

Legislative Basis for LRD

The Government, in line with their commitment to end and replace the Strategic Housing Development (SHD) process, established a new application process (LRD). Under this new arrangement, LRD applications are made directly to the Local Authority. The Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 came into effect as of 17th December 2021, which is the commencement date for dealing with LRD applications. New Regulations and Fee Structures also came into effect on 17th December 2021.

4 Stage Process

The LRD application process generally consists of 4 stages:
- Pre-application Section 247 consultation
- LRD meeting with Planning Authority
- LRD Opinion
- Submission of LRD application


Stage 1 - Pre-application Section 247 application

Proposed developments meeting the definition of an LRD (See Section 2 of the Planning and Development (Amendment) (Large-scale Residential Development) Act 2021) are required to engage in Pre Planning consultation under Section 247 of the Planning and Development Act 2000 (as amended) and subsequently request a ‘LRD Meeting’ with the Planning Authority under Section 32 of the Planning and Development Act 2000 (as amended).

The purpose of the pre-application consultatio is to afford any prospective applicants an opportunity to seek advice from the Local Authoirty on any planning matters that may have a bearing on the decision of the application. Planning Authorities are required to schedule a meeting within 4 weeks from the date of receipt of the pre-application consultation request. A pre-application consultation can only be arranged with a person with sufficient legal interest in the land concerned and only with respect to a specific development proposal.
There is no fee required for the pre-application Section 247 consultation.

Application form - Form 18 LRD application form.
Applications can be submitted in hard copy by post / in person or by email to preplanning@kildarecoco.ie


Stage 2 - LRD meeting with Planning Authority

After a prospective LRD applicant has completed a Section 247 meeting, they may request an ‘LRD meeting’ with that Local Authority. Following the receipt of LRD consultation request, the Planning Authority is required to facilitate a consultation meeting with the applicant within 4 weeks of the date receipt of such a request. All LRD proposals are required to undertake an ‘LRD meeting’ with the relevant Planning Authority for the purpose of receiving an ‘LRD opinion’ recommending whether “the proposal constitutes a reasonable basis for submitting an LRD planning application” under Section 32(D) of the Planning and Development Act, 2000-2021.

In general, applicants are requested to submit 2 printed hard copies and one digital copy (CD) of the LRD application and must include the prescribed documentation as set out within Section 32(B) of the Planning and Development (Amendment) (Large-scale Residential Devlopment) Act 2021, and the appropriate application fee (€1,500).

Application form - Form 18 LRD application form.


Stage 3 - LRD Opinion

Following the LRD meeting with a prospective applicant the Planning Authority is required to form an ‘LRD opinion’ within 4 weeks from the date of the consultation. This involves considering the documents submitted for the purposes of the ‘LRD meeting’ as to whether the proposal constitutes a reasonable basis to make an LRD planning application. Where the Planning Authority forms the opinion that further consideration and amendment is required, it shall provide advice as to what issues need to be addressed by the prospective applicant in the documents to be submitted with an application. The ‘LRD opinion’ issued by the Planning Authority is only valid for 6 months.


Stage 4 - LRD Application

A prospective LRD applicant is required to fulfil the following requirements prior to making an LRD application:

- Has engaged with the local authority under Section 247 and received an LRD opinion (dated within 6 months)
- Application has addressed any issues identified or deficits in information set out within the ‘LRD opinion’
- The applicant is required to make a copy of the LRD application available for public viewing on a dedicated website

LRD Applications are subject to Section 34 timelines, with decisions due 8 weeks from application lodgement unless additional information has been requested. Under this new arrangement, Local Authorities are able to request additional information with respect to an LRD planning application. But this can only be requested once during the application process.

Neither the taking place of an LRD meeting nor the provision of an LRD opinion shall prejudice the performance by the Planning Authority of its functions under the relevant Act or any regulations under such Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

LRD applications must be made on the Planning Authority's planning application form and be accompanied by Form 19 for large-scale residential developments and the prescribed fee.


Fee for submitting an LRD application:

LRD Application

Amount of Fee

Fee for Retention Permission

Basic fee structure for each housing unit
If you are applying for student accommodation,
2 bed spaces = 1 housing unit 

€130 per unit 

€390 per unit 

Fee structure for other uses of the land:
Cost per square metre of gross floor space.
Given the zoning facilitates such use and the floor space
of such other uses is below 30% of the entire development

€7.20 per square metre to
a maximum of €32,400 

€15 per square metre to a 
maximum of €65,000 

Submission of EIAR 

€10,000

€10,000 

Submission of NIS 

€10,000

€10,000

The maximum fee payable to a Planning Authority by an applicant in respect of an application for permission for a large-scale residential development shall be €80,000