Victor Boyhan: Demand Clarity on Apartment Design Standards

I now move to the first commencement in the name of Senator Boynton. Thank you Comhairleach. First I want to welcome the Minister against the House and in relation to this matter it's in relation to the national planning statement and the guidelines in relation to the designs for apartments and at the very outset I want to welcome last Tuesday the Government's announcement that they would now be issuing guidelines with an SEA and the appropriate other issues attached to that in terms of the SEA environmental report. I've looked at the submissions already and I note with interest, which I'm pleased to see, that we have in the documents attached to the public consultation, we have the draft planning design standard amendments for the national planning scheme for 2026 statement, we have the strategic environmental assessment SEA environmental report, we have the strategic environmental assessment environmental report non-technical summary, we have the strategic environmental assessment determination under section 264 of the Planning and Development Act of 2024, we have the screening for the appropriate assessment AA and determination under section 202 of the Planning and Development Act of 2024 and of course the stage one strategic flood assessment of flood risk identification and also I think the privacy statement is worth mentioning. I mentioned it to you yesterday but I'm delighted to see in this case it's clearly stated that all submissions will be published online and all personal information will be redacted, which is I think a reasonable and fair request. So I think that's important and welcome it. So one has to ask when you're looking in here today what is the difference between what was out there and what's in practice. I told the House, I'm not too sure if you were here Minister the other day, that I had made contact with the national, with the planning regulator, with on commission Planola and with a number of planning authorities to ascertain how they were applying the current situation and I had mixed responses. So that was interesting in itself and I think what's important and when I read the government's press statement in relation to these matters, I think it's important to see that we absolutely need clarity and we need consistency. Now I am the first to want to recognise that viability is frequently cited as an issue and I understand the government's position on that but we cannot compromise high standards for viability and that's what I want to just reiterate here and that's important and I think that we need to have greater clarity. People may choose to live in apartments and they do and want to but we see restrictions in three bedrooms. There are people living in four bedroom apartments all over Europe. There's not a lot of availability for three and four bedrooms. There's an inconsistency in the design and the application of design and standards between public and private. I don't want any difference between public, private, social, affordable. Homes are homes and it is about building quality homes. I don't want to draw too much in on relation to the litigation because it is before the courts but I want to acknowledge the input and the courageousness of independent councillor Pádraig McEvoy, Labour councillor Dara Moriarty, Green Party councillors David Healy and Dan Boyle along with the Irish Times former environmental editor Frank McDonald. They took risks, they challenged, they're entitled to it. That's democracy and I don't you know sneer or suggest that people democratically elected or journalists with expertise in this long track expertise have a right. So I'm delighted that Justice Humphreys referred this matter to the European courts. That's where it is. So parallel to what the current status quo is, the government now is producing a new public consultation with appropriate measures. That I welcome but I want to salute and admire courageous politicians that took a stand at potentially great personal cost to themselves and I want to acknowledge that. Thank you. Thank you Alaska Heerlick and thank you Senator as you'll appreciate there's a lot in this response and it will be circulated so I'll get through as much of it as I possibly can. The delivery of housing obviously is a top priority for this government. The government's new housing action plan supports the delivery of 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 and in particular apartments at central and accessible urban locations. On Tuesday the 9th of June a public consultation was opened on the draft national planning statement, design standards for apartments 2026 and associated SEA environmental report and non-technical summary. The draft MPS 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 livability. 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 MPS sets out guidance, standards and policy requirements in relation to the design of apartment developments to take account of current government policy and the economic, social and environmental considerations. The draft MPS sets out for consistent application by all planning authorities and on Commission Planola 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 which were issued by ministerial guidance in 2024. The draft MPS 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 lift core ratios, communal and community and cultural facilities, shared accommodation and certain standards relating to student accommodation. The draft MPS also includes guidance related to amenity spaces including balconies, patios, storage, security considerations, access and service waste management facilities, children's play areas, bicycle parking and storage and car parking. It also sets out the need to practically and flexibly apply the general requirements of the draft MPS in relation to refurbishment schemes, particularly in historic buildings, some urban townscapes and over the shop type building conversions. The draft MPS is being prepared for approval of the government under Section 25 of the Planning and Development Act 2024 to replace the design standards for apartment guidelines for planning authorities issued in 2025 as ministerial guidance under Section 28 of the Planning and Development Act 2000. The SEA has been undertaken on a precautionary basis and in accordance with Article 6 of the Directive 2001-42EC Strategic Environmental Assessment Directive and the European Union Land Use Planning and Strategic Environmental Assessment Regulations of 2025. The draft MPS is accompanied by an SEA environmental report and a non-technical summary and a public consultation is being carried out in accordance with Regulation 9 of the European Union Land Use Strategic Environmental Assessment Regulations of 2025 and Section 26 of the Planning and Development Act of 2024. As you will be aware Senator, submissions or observations can be made on the draft National Planning Statement and the associated precautionary SEA environmental report and non-technical summary until 5.30pm on the 7th of July. Thank you Minister and none of that's new to me because it's all up on the website today in relation to the public consultation but it's good to have it on the track record. The real word I'm taking away from your contribution here today Minister is precautionary. Well we'll see if it's precautionary when the courts make a final decision so let's just park that for there. I don't believe it's precautionary. I believe it was mandatory and it was required and I believe and I look forward to discussing it again when the decision is made that it's more than precautionary but that's the line you've chosen here today to make the case that is only a precautionary basis so I note that and I think it's important that we have it on the public record. I just conclude by saying apartments are of course an important choice for people, choice being the word, for people who want to buy or to rent or live in an apartment and yes I accept that every effort must be made to further reduce the cost of apartments as for any other construction of any homes to achieve the delivery of the 300,000 homes that the government have set to be achieved by the end of 2013. Thank you very much Senator and yes it is being conducted on a precautionary basis and in fairness you have said that viability is key in terms of apartment development. Government recognises that which is why we are introducing this national planning statement and why we introduced the guidance that we introduced last year. If you have suggestions around viability measures in relation to apartment development you know that I'm an approachable minister and I'm more than happy to hear those because that is a critical element if we are to get to the targets. I don't think we can have on one hand that we can't change apartment standards and have an active viability because we know from reports that have been conducted that both of us examined at the Joint Oireachtas Committee previously that there is a significant viability gap when it comes to apartment development. So my job as minister is to ensure that we close that viability gap so that we can get the homes that families and individuals need right across this country. That's my job as a minister and I hope I'll have the support of the house in introducing these guidelines. Thank you.