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Dáil

Written answer

Housing Policy

110. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the length of time the 10% requirement for open public space in new developments has been in place; if it has been reduced to 10% over recent years; and if he will make a statement on the matter. [39570/24]

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Darragh O'Brien Minister for Housing, Local Government and Heritage Fianna Fáil

Guidelines relating to residential development were first issued in 1999 as the Residential Density Guidelines for Planning Authorities. These Guidelines included a series of recommendations with regard to the provision of public open space, namely: • That in general 10% of a site should be reserved as public open space; • In the case of a greenfield site or lands which were the subject of a Local Area Plan the requirement for public open space should be increased to 15%; and • On institutional lands, a minimum public open space requirement of 20% may apply. The Guidelines also outlined the circumstances in which the open space requirement may be reduced. In such cases, planning authorities could seek a financial contribution in lieu of public open space or recreation facilities in the wider area. The Sustainable Residential Developments in Urban Areas Guidelines issued in 2009, superseded the original 1999 Guidelines. More recently, the Sustainable Residential Development and Compact Settlements Guidelines issued in January 2024 superseded the 2009 Guidelines. The principles and standards set out in the 1999 Guidelines were generally carried forward, with increased emphasis on qualitative standards, green infrastructure and biodiversity and the need for planning authorities to take a more flexible approach to the application of quantitative open space standards. The Sustainable Residential Development and Compact Settlement Guidelines (2024) state that development plans shall set an 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 (Policy Objective 5.1 refers). The guidelines also state that minimum requirement should be justified taking into account existing public open space provision in the area and broader nature conservation and environmental considerations. In the case of larger strategic sites, minimum public open space will be determined on a plan-led basis, having regard to the overall approach to public park provision within the area. In the case of sites that contain significant heritage, landscape or recreational features and sites that have specific nature conservation requirements, a higher proportion of public open space may need to be retained. The guidelines allow a planning authority in some circumstances to set aside (in part or whole) the public open space requirement arising under the development plan and to accept a financial contribution in lieu of provision within an application site. These guidelines were issued in January 2024 as Ministerial Guidelines under Section 28 of the Planning and Development Act, 2001 (as amended). Section 28 of the Act provides that planning authorities and An Bord Pleanála (ABP) shall have regard to Ministerial Guidelines, and shall apply any specific planning policy requirements of the Guidelines, in the performance of their functions under the Planning and Development Act 2000 (as amended).

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