From Department of Housing, Local Government and Heritage
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Minister O’Brien has signed the European Union (Planning and Development) (Displaced Persons from Ukraine Temporary Protection) Regulations 2022 (S.I. 306 of 2022).
The regulations, which came into effect on 23 June 2022, provide that certain classes of temporary development, including residential accommodation, undertaken by or on behalf of a State authority, to provide protection to displaced persons from Ukraine, will be exempt from the provisions of the Planning and Development Act (other than environmental considerations).
The specified development classes will not require planning permission for the period that the regulations are in place and will not be subject to the various restrictions that would normally apply to classes of exempted development.
Welcoming the publication of the regulations, Minister O’Brien stated:
"My department is committed to working with the Department of Children, Equality, Disability Integration and Youth to provide urgently needed shelter and support to Ukrainian refugees. These regulations will fast-track the development of temporary accommodation, including modular units, by or on behalf of State Authorities by removing the requirement to seek planning permission, where appropriate."
The duration of the Regulations is linked to the duration of temporary protection provided by European Council Implementing Decision EU 2022/382 of 4 March 2022. Accordingly, the regulations will be in force for an initial period of 1 year with a maximum extended total period of 3 years from 4 March 2022.
The Regulations give effect to Council Directive No 2001/55 EC and Council Implementing Decision EU 2022/382 of 4 March 2022, to provide immediate protection in EU countries for persons displaced by the Russian invasion of Ukraine, including the need to provide emergency accommodation and support to these displaced persons.
The classes of development will comprise of the following:
The classes of development listed may include the change of use and repurposing of existing buildings and facilities, and temporary new-build accommodation and structures to address the urgent need to provide emergency accommodation and support to displaced persons from the conflict in Ukraine.
The environmental considerations which continue to apply, are Sections 181A to 181C of the Planning and Development Act, which provide for a streamlined Environmental Impact Assesment and Appropriate Assessment Process which is administered by An Bord Pleanála as required.
The temporary exemptions from the Planning and Development Act will only apply while the regulations are in force. After this time the removal, demolition or alteration of any temporary structure and the discontinuance of any temporary use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development, will be required, unless the development is permitted, exempted or otherwise regularised by the a provision of the Planning and Development Act 2000, or the Planning and Development Regulations 2001-2022.