Report on Multi-Unit Developments - Law Reform Commission

have all lately revised their minimum design and building standards for
apartment developments, with a view to ensuring the long-term sustainability of
higher density residential housing within cities; most particularly within their city
centres. The design principles outlined in these standards cover amenity levels;
resource, energy and water efficiency principles, scale, density, built form,
security arrangements, aesthetics and social dimensions. 25
1.15 The Commission makes no comment on the detailed contents of the
documents recently developed in Ireland, but notes that many of them are in the
form of guidelines which, by their nature, are discretionary. Guidelines require
planning authorities to ‗have regard‘ to them when dealing with planning
matters. As a result of the implicit flexibility of this; some planning authorities
apply them but others may not. This leads to inconsistency in the planning
process nationally. In this respect, the Department of Environment, Heritage
and Local Government has commented:
―Consistency in the interpretation of development plan policies is
essential if public confidence in the planning system is to be
maintained.‖ 26
1.16 The Commission accepts that flexibility needs to be retained in order
for planning authorities to best meet the needs of a given locality. This should,
however, be balanced with the need for consistency on a national level.
Accordingly, given their potential importance to the sustainability of multi-unit
developments, the Commission recommends that, insofar as it is practicable,
the guidelines concerning the size and quality of design of new multi-unit
developments should be given directive status by the Department of
Environment, Heritage and Local Government under the Planning and
Development Act 2000.
1.17 The Commission recommends that, insofar as it is practicable, the
guidelines concerning the size and quality of design of new multi-unit
developments should be given directive status by the Department of
23
Apartment Guidelines for Mixed-Use and High Density Residential Developments,
Australian Capital Territory Planning and Land Authority 2005.
24
State Environmental Policy No. 65: Residential Flat Design Code, New South
Wales Department of Planning, 2002.
25
Ibid.
26
Department of Environment, Heritage and Local Government Development
Management Guidelines: Guidelines for Planning Authorities, June 2007,
paragraph 1.5.2.
24