This Commencement matter relates to the national planning statement and guidelines on designs for apartments. I welcome the Government's announcement last Tuesday that it would issue guidelines with a strategic environmental assessment, SEA, and the appropriate other issues attached to that in terms of the SEA report. I have looked at the submissions and am pleased to see that attached in the documents attached to the public consultation, we have the draft planning design standard amendments for the national planning scheme for 2026 statement; the strategic environmental assessment, SEA, environmental report with the SEA environmental report non-technical summary; the SEA determination under section 26(4) of the Planning and Development Act 2024; the screening for the appropriate assessment, AA, and determination under section 202 of the Planning and Development Act of 2024; and the stage 1 strategic flood assessment of flood risk identification. The privacy statements are also worth mentioning. I mentioned it to the Minister of State, Deputy Cummins, yesterday but I am delighted to see that in this case, it is clearly stated that all submissions will be published online and all personal information will be redacted, which I think is a reasonable and fair request. That is important and I welcome it.

One has to ask when one looks in here today what the difference is between what was out there and what is happening in practice. I told the House the other day - I am not too sure if the Minister of State was here - that I had made contact with the national planning regulator, An Coimisiún Pleanála and a number of planning authorities to ascertain how they were applying the current situation. I received mixed responses so that was interesting in itself. I read the Government's press statement on these matters. It is important to see that we need clarity and consistency.

I recognise that viability is frequently cited as an issue and I understand the Government's position on that but I reiterate that we cannot compromise high standards for viability. We need greater clarity. People may choose to live in apartments and they do but we see restrictions with regard to three bedrooms. There are people living in four-bedroom apartments in all over Europe. There is not a lot of availability of three- and four-bedroom apartments. There is an inconsistency in the design and the application of design and standards between public and private. I do not want any difference between public, private, social or affordable. Home are homes and it is about building quality homes.

I do not want to dwell too much on the litigation because it is before the courts but I acknowledge the input and courage of Independent councillor Pádraig McEvoy, Labour Party councillor Darragh Moriarty, Green Party councillors David Healy and Dan Boyle and former environmental editor with The Irish Times, Frank McDonald. They took risks and challenged things and they are entitled to do so. That is democracy and I do not sneer at or suggest that people who are democratically elected or journalists with a long track record and expertise do not have a right to do this so I am delighted that Mr. Justice Richard Humphreys referred this matter to the European courts. That is where it is. Parallel to the status quo, the Government is producing a new public consultation with appropriate measures that I welcome but I salute and admire the courageous politicians who took a stand at potentially great personal cost to themselves.

As the Senator will appreciate, there is a lot in this response and it will be circulated. I will get through as much of it as I possibly can.

The delivery of housing is a top priority for this Government. The Government's new housing action plan supports the delivery of the revised national planning framework projections, which set out the need to plan for approximately 50,000 additional homes per annum out to 2040. Fulfilling these commitments will require a substantial increase in housing output of all types, in particular apartments at central and accessible urban locations. On Tuesday, 9 June, a public consultation was opened on the draft national planning statement design standards for apartments 2026 and the associated SEA environmental report and non-technical summary.

The draft national planning statement, NPS, represents an important opportunity to review how apartment development can contribute to addressing Ireland’s housing needs while maintaining high standards of quality, sustainability and liveability. As housing demands continue to grow across our cities, towns and urban centres, apartments will play a significant role in delivering homes for a diverse range of households, and in particular at central and accessible urban locations.

The draft NPS sets out guidance, standards and policy requirements in relation to the design of apartment developments to take account of current Government policy and economic, social and environmental considerations. The draft NPS set out, for consistent application by all planning authorities and An Coimisiún Pleanála, the particular design parameters that will apply to apartment development, where the principle of the development of apartments at any particular site has been established in accordance with the statutory plan and consideration of the policies, objectives and requirements of the sustainable residential development and compact settlement guidelines, issued as ministerial guidelines in 2024.

The draft NPS includes national planning policies and measures related to unit mix, internal space standards for different types of apartments, dual aspect ratios, floor to ceiling heights, apartments to stair or lift core ratios, communal, community and cultural facilities, shared accommodation and certain standards relating to student accommodation. The draft NPS also include guidance related to amenity spaces including balconies or patios, storage, security considerations, access and services, waste management facilities, children’s play areas, bicycle parking or storage and car parking. It also sets out the need to practically and flexibly apply the general requirements of the draft NPS in relation to refurbishment schemes, particularly in historic buildings, some urban townscapes and over-the-shop type or other existing building conversions.

The draft NPS is being prepared for the approval by the Government under section 25 of the Planning and Development Act 2024 to replace the design standards for apartments, guidelines for planning authorities issued in 2025 as ministerial guidelines under section 28 of the Planning and Development Act 2000.

A strategic environmental assessment, SEA, is being undertaken on a precautionary basis and in accordance with Article 6 of Directive 2001/42/EC which is the strategic environmental assessment directive, and the European Union land use planning and strategic environmental assessment regulations 2025.

The draft NPS is accompanied by an SEA environmental report and non-technical summary, and a public consultation is being carried out in accordance with regulation 9 of the European Union land use planning and strategic environmental assessment regulations 2025 and section 26 of the Planning and Development Act 2024.

As the Senator will be aware, submissions or observations may be made in relation to the draft national planning statement and the associated precautionary SEA environmental report and non-technical summary until 5.30pm on 7 July 2026.

I thank the Minister of State. None of that is new to me because it is all on the website today in relation to the public consultation. However it is good to have it on the record.

The word I am taking away from the Minister of State’s contribution today is “precautionary”. We will see if it is precautionary when the courts make a final decision. I do not believe it is precautionary. I believe it was mandatory and required. I look forward to discussing it again when the decision is made but the line the Minister of State has chosen to take today is that it was only on a precautionary basis. I note that and it is important it is on the record.

Apartments are an important choice for people who want to buy or rent to live in one. I accept that every effort must be made to further reduce the costs of apartments, as for the construction of any homes, to achieve the delivery of the 300,000 homes the Government has set to be achieved by the end of 2030.

It is being conducted on a precautionary basis. The Senator has said viability is key in apartment development. The Government recognises that, which is why we are introducing this national planning statement and why we introduced the guidance we brought in last year. If the Senator has suggestions around viability measures in relation to apartment development, he knows I am an approachable Minister of State and I am more than happy to hear those because that is a critical element if we are to get to the targets. I do not think we can have a position where we cannot change apartment standards and have active viability. We know from reports, which both of us examined at the joint committee on housing in the past, that there is a significant viability gap around apartment development. My job as Minister of State is to ensure we close that viability gap so we can get the homes that families and individuals need across the country. That is my job as a Minister of State and I hope I will have the support of the House in introducing these guidelines.