Planning and Development (Amendment) Bill 2026: Committee and Remaining Stages Seanad Éireann — 2026-07-14 ============================================================ Kieran O'Donnell (FG), Limerick City I thank the Senators for their contributions. I propose to go through my detailed note because that will be helpful to everyone. Amendments Nos. 5 and 6 seek to amend section 62 of the Bill, which, in turn, proposes to insert a new section 138A into Chapter 5 of Part 4 of the 2024 Act in relation to alterations of existing uncommenced permissions for apartment schemes. Section 138A operates so that subject to the meetings specifically set out in the Bill, requests may be made to alter an existing permission of an apartment scheme. Where there that requested alteration is not material, the permission will be altered accordingly. This important provision seeks to replace section 44B of the Act of 2000 as that Act is due to repeal before the end of this year. Non-material alteration of apartment schemes set out in subsection (3) already established policy relating to the apartment mix, apartment floor areas, dual-aspect ratios, lift and stair cores, the floor to ceiling heights of ground-floor apartments, as well as consequential works including to footpaths, boundaries, gardens and balconies. Amendment No. 5 seeks to delete the provision allowing for certain non-material alterations relating to dual-aspect ratios of apartments. Viability presents an ongoing challenge to housing delivery and is particularly acute in relation to delivery of apartments. The non-material alterations to apartment schemes as set out above are already established and tend to strike a balance between ensuring that apartment developments meet the needs of society in terms of standards and quality while promoting an increased level of output overall. In duplex types or smaller apartment blocks that form part of mixed compact housing schemes, dual aspect is generally achievable. For larger apartment schemes, however, where there may be a terraced or perimeter block pattern wholly or partially fronting a street this may not be the case. I consider this provision regarding minimum dual-aspect ratios successfully strikes an appropriate balance in this context. It should be noted that the levels of daylight within the individual apartments is not solely determined by dual-aspect ratios. Dual-aspect ratios are one of a range of factors that will determine levels of daylight available within an individual unit. Other influencing characteristics include the orientation of the apartment, its elevation, separation distances, the size and positioning of windows, and the internal layout such as the numbers of internal walls and the width and depth of rooms. It is also important to note that every apartment developed is required by law to comply with the requirements of the building regulations regarding matters such as ventilation or insulation. Accordingly, I cannot accept this amendment. Amendment No. 6 seeks to provide an additional criterion that a requested apartment alteration will be considered material alteration if substantial works have not commenced two years from the point when the permission was granted. This amendment will limit section 138A to apartment schemes that have already commenced with substantial works carried out in the first two years of that permission. Section 138A is already subject to a number of criteria including that permission was granted for the apartment schemes before the coming into operation of section 138A and that the apartment scheme has not yet commenced before the date in which the request is made. The amendment is unworkable as it directly contradicts section 138A(2)(c), which limits availability of this type of non-material alteration to apartment schemes that have not yet been commenced, excluding any works carried out to maintain, secure or protect the site. Furthermore, the amendment is in conflict with the intended policy intention of section 138A, which targets a significant number of apartment schemes that have received planning permission but not have not yet commenced. These measures are intended to unlock sites that have permission but are stalled. They are an activation measure. Accordingly, I cannot accept this amendment. In summary, section 138A is intended to support the viability of the development of apartments in the immediate term. It is targeted at a significant number of apartment developments that have received planning permission but have not yet commenced. The Government continues to be fully committed to ensuring that housing is delivered as quickly and effectively as possible. It is vitally important that we do all we can to support the building of developments that have already been granted planning permission. The level of daylight within individual apartments is not solely determined by dual-aspect ratios. There is a wide range of other influencing characteristics such as the orientation of the apartment, its elevation, separation distances, the size and position of windows, and internal layout. Every apartment development is required by law to comply with the requirements of the building regulations regarding matters such as ventilation and insulation. As I have already stated, the measure is targeted at apartment developments that have planning permissions but are not yet commenced or are uncommenced. This proposed amendment seeks to change the target to commenced apartment schemes with substantial work carried out in the first two years of their permission. I am uncertain as to what the policy intention is behind the proposed amendment in this context. I thank the Senators for their proposals but I cannot accept amendments Nos. 5 and 6. --- Source: Houses of the Oireachtas. Licensed under CC BY 4.0 (https://creativecommons.org/licenses/by/4.0/). The Official Report is revised after first publication; the fetch timestamp below identifies the version quoted. Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2026-07-14/debate/main Retrieved: 2026-08-27T06:52:15+00:00 Sitting date: 2026-07-14