Report on Multi-Unit Developments - Law Reform Commission
Report on Multi-Unit Developments - Law Reform Commission
Report on Multi-Unit Developments - Law Reform Commission
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general implementati<strong>on</strong>. The Commissi<strong>on</strong> notes that, under secti<strong>on</strong> 29 of the<br />
Planning and Development Act 2000, the Minister may issue policy directives to<br />
planning authorities regarding any of their functi<strong>on</strong>s under the 2000 Act and that<br />
planning authorities must comply with any such directives in the performance of<br />
their functi<strong>on</strong>s. The Commissi<strong>on</strong> c<strong>on</strong>siders that it would be desirable for the<br />
nati<strong>on</strong>al planning guidelines to be given this status but appreciates that this may<br />
require c<strong>on</strong>siderable assessment of policy matters within the Department. The<br />
Commissi<strong>on</strong> c<strong>on</strong>siders that, to the extent it is practicable; this should be given<br />
urgent c<strong>on</strong>siderati<strong>on</strong>. Accordingly the Commissi<strong>on</strong> recommends that, insofar as<br />
it is practicable, the 2008 draft planning guidelines Sustainable Residential<br />
Development in Urban Areas should be given the status of a Ministerial policy<br />
directive under secti<strong>on</strong> 29 of the Planning and Development Act 2000.<br />
1.09 The Commissi<strong>on</strong> recommends that, insofar as it is practicable, the<br />
2008 draft planning guidelines Sustainable Residential Development in Urban<br />
Areas should be given the status of a Ministerial policy directive under secti<strong>on</strong><br />
29 of the Planning and Development Act 2000.<br />
1.10 In the course of this study, some aspects of the physical nature of<br />
apartments have come to light which the Commissi<strong>on</strong> believes require further<br />
assessment. Three key areas which the Commissi<strong>on</strong> believes have potential for<br />
review are: the size and quality of design of new units; the quality of materials<br />
used in new developments; and the provisi<strong>on</strong> of facilities and amenities by local<br />
authorities to ensure the development of the community and a high quality of<br />
living envir<strong>on</strong>ment for all residents. The Commissi<strong>on</strong> fully acknowledges that<br />
these are largely matters of policy and it raises these issues in the knowledge<br />
that they are being addressed in a proactive manner at nati<strong>on</strong>al and local<br />
government level.<br />
(1) Size and quality of design of new units<br />
1.11 Increasingly, and particularly in urban areas, apartments are now<br />
viewed as l<strong>on</strong>g-term residences by many unit owners. In the C<strong>on</strong>sultati<strong>on</strong> Paper<br />
the Commissi<strong>on</strong> noted, however, that the majority of new apartments are <strong>on</strong>e or<br />
two-bedroomed and are comm<strong>on</strong>ly viewed as a short-term opti<strong>on</strong> as a starting<br />
point <strong>on</strong> the property ladder or as an investment. C<strong>on</strong>sequently, the populati<strong>on</strong>s<br />
of many multi-unit developments tend to be relatively transient, and it was noted<br />
that this has negative implicati<strong>on</strong>s for l<strong>on</strong>ger term development and<br />
sustainability of communities, particularly in the c<strong>on</strong>text of potential<br />
‗ghettoisati<strong>on</strong>‘ of localities. 16<br />
1.12 Since the publicati<strong>on</strong> of the C<strong>on</strong>sultati<strong>on</strong> Paper, many developments<br />
have c<strong>on</strong>tributed to ameliorating this problem. For example Dublin City Council<br />
16<br />
(LRC CP 42-2006) para 2.04.<br />
22