Government reveals intention to replace apartment planning guidelines during legal challenge

The guidelines published in July included a reduction in the minimum permitted size of apartments among other changes

The guidelines introduced changes aimed at bridging a 'viability gap' the Government said had stymied apartment building. File picture: Larry Cummins

The Government has indicated it intends to replace apartment planning guidelines published in July amid an ongoing legal challenge.

The development comes in the High Court proceedings brought against the apartment guidelines by four councillors and a journalist.

The guidelines introduced changes aimed at bridging a “viability gap” the Government said had stymied apartment building. These changes included an increase in the number of studio apartments developers could include in a project, and a reduction in the minimum permitted size of apartments.

The challenge against the guidelines — issued in July by housing minister James Browne — has been taken by Labour’s Darragh Moriarty, the Green Party’s David Healy and Dan Boyle, independent councillor Pádraig McEvoy and former Irish Times environment editor Frank McDonald.

They claim that the guidelines should have been subject to an environmental impact assessment. They are seeking several orders, including one quashing the minister’s apartment guidelines.

Monday's proceedings

On Monday, Tom Flynn SC, appearing for the applicants and instructed by FP Logue, referred to correspondence received by his side from the State, indicating the minister’s intention to prepare a draft National Planning Statement with a view to replacing the guidelines issued in July.

As provided for in the Planning and Development Act 2024, a National Planning Statement comprises policies to support proper planning and sustainable development, and guidance for the implementation of those policies.

According to the letter, the minister proposes adopting a “precautionary approach” by carrying out an environmental impact assessment of the National Planning Statement to replace the existing guidelines. 

The intention to do so is made without prejudice to the State’s position that an environmental impact assessment of the guidelines was not required.

Mr Flynn said the State has indicated that it will continue to defend the High Court proceedings. Mr Justice Richard Humphreys previously set a date in December for the hearing of the case.