Planning and Development (Amendment) Bill 2026: Committee and Remaining Stages
Dail Éireann — 2026-07-08
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John Cummins (FG), Waterford

I propose to discuss these sections together as the amendments are linked. Sections 61 and 62 are connected and operate together. It is important that both stand as part of the Bill. Section 61 is a technical clarifying amendment to the definition of material alteration in section 138 of the Act of 2024 to add a cross-reference to the new section 138A as inserted by section 62 of this Bill. Section 62 inserts a new section 138A into Chapter 5 of Part 4 of the 2024 Act in relation to alterations of existing permissions allowed for the purpose of alleviating the shortage of residential accommodation and to enable construction of a greater number of dwellings in apartment schemes. These sections operate so that. subject to meeting the specific criteria set out in the Bill, a request may be made to a deciding authority under section 140 of the 2024 Act to make alterations to an existing permission for an apartment scheme. Under section 142 of the 2024 Act, where a requested alteration of a permission is non-material, the deciding authority shall alter the permission accordingly. Section 138A will apply to the development of dwellings and apartment buildings in circumstances where the permission was granted before the coming into operation of section 138A where a request for an alteration under section 140 is made before the expiration of two years from the coming into operation of section 138A and where the development has not yet been commenced before the date on which the request is made.
The specific criteria allowing for alterations to apartment schemes that are covered by this measure are already established policy with over 12 months. They relate to apartment mix, apartment floor areas, dual aspect ratios, lift and stair cores, the floor-to-ceiling heights of ground floor apartments and consequential works necessary for the purpose of the above alterations or ensuring access to the development, including works to footpaths, boundaries, gardens and balconies. The Bill also sets out restrictions to the measure, including in the case of residential development in a strategic development zone, SDZ. The alterations cannot cause the number of dwellings situated in that SDZ to exceed the permitted number applicable in the planning scheme. It also ensures that an alteration of permission cannot result in the proposed residential development being designed to accommodate more occupants than would be designed to accommodate where the alteration was not made. This measure is to help support the viability of the development of apartments in the immediate term by allowing the alteration of permissions already granted in certain circumstances. This is targeted at the significant number of apartment developments that have received planning permission but have not yet commenced. Where the specific criteria are not met, depending on the circumstances the option remains open to a developer to either apply for a new planning permission or to apply to make an amendment to the permission, as the case may be. The Government continues to be fully committed to ensuring that housing is delivered as quickly and effectively as possible and ensuring that a key part of that is viability.
I wish to address some of the specific points that Deputies have raised. I do not accept the description here of smaller, darker apartments. I have heard every Deputy who is in here in this House on many occasions lauding the Vienna model. That is true. Every single person in this Chamber on the opposite benches has lauded the Vienna model. It is true to say that the size of studio apartments in Vienna is 30 sq. m to 35 sq. m. That is the-----

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Retrieved: 2026-09-14T01:01:07+00:00
Sitting date: 2026-07-08