S.I. No. 481/2024 - Planning and Development Act 2000 (Section 181(2)(a)) (No. 3) Order 2024

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th September, 2024.

WHEREAS I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth –

(a) having regard to –

(i) my obligations under the European Communities (Receptions Conditions) Regulations 2018 (S.I. 230 of 2018) (as adapted by the Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)),

(ii) the presence in the State of a large number of persons who are applicants within the meaning of the European Communities (Receptions Conditions) Regulations 2018 ( S.I. 230 of 2018), and

(iii) the acute shortage in the State of accommodation relative to the high demand for accommodation, including the demand for accommodation for persons referred to in subparagraph (ii) and for persons to whom a permission to reside in the State under section 60 (6) of the International Protection Act 2015 (No. 66 of 2015) has been given,

am satisfied that the carrying out of the development described in Part 1 of the Schedule to the following order proposed to be carried out by me or on my behalf is required by reason of an emergency, being the serious risk that persons, being applicants within the meaning of the European Communities (Receptions Conditions) Regulations 2018 (S.I. 230 of 2018), will be without accommodation,

(b) have considered whether an environmental impact assessment or an appropriate assessment of the development so proposed to be carried out is required and am satisfied, having had regard to Parts X and XAB of the Planning and Development Act 2000 (No. 30 of 2000), that such assessments are not required, and therefore am satisfied that an application to An Bord Pleanála for approval under section 181 (2A)(b) of the Planning and Development Act 2000 is not required, and

(c) have complied with section 181 (2)(aa) of the Planning and Development Act 2000 ,

NOW THEREFORE I, RODERIC O’GORMAN, Minister for Children, Equality, Disability, Integration and Youth, in exercise of the powers conferred on me by section 181 (2)(a) of the Planning and Development Act 2000 (No. 30 of 2000), hereby make the following order:

1. This Order may be cited as the Planning and Development Act 2000 (Section 181(2)(a)) (No. 3) Order 2024.

2. The Planning and Development Act 2000 (No. 30 of 2000) (other than sections 50, 50A, 50B and 181 of that Act) shall not apply to the development described in Part 1 of the Schedule proposed to be carried out by me or on my behalf.

3. This Order shall cease to have effect on the date that is the fifth anniversary of the date on which this Order comes into operation.

Schedule

Part 1

Site: Crooksling, Brittas, Co Dublin (As identified on site map at Part 2 of Schedule)

Address: St Brigids Nursing Home, Crooksling, Brittas, Co Dublin

Description: Development of up to 60 tents initially and future plans for up to 160 modular units (61.5m2), and associated ancillary works including external general/amenity areas, landscaping, 1.8m to 2.4m high security fencing, external lighting, CCTV surveillance system, pipework, storage facilities, electrical distribution boxes for the purposes of accommodating applicants within the meaning of the European Communities (Receptions Conditions) Regulations 2018 (S.I. 230 of 2018) to include:

1. Development to provide for the accommodation of in or around 540 applicants within the meaning of the European Communities (Receptions Conditions) Regulations 2018.

2. The development works will replace the current temporary tented accommodation. The space shall ordinarily not be less than 4.65m2 per person. The ceiling height shall be 2.4m high minimum.

3. The provision of sanitary and shower facilities. The ratio of WC provision to bed spaces shall be at least 1 per every 8 bed spaces and 1 in 20 to be disabled access compliant. Hand wash basins with hot and cold-water supply shall be provided in the ratio of 1 per 6 bed spaces and 1 in 20 to be disabled access compliant. Showers shall be provided at the ratio of 1 per 12 bed spaces and 1 in 20 to be disabled access compliant.

4. All proposed sanitary modules to be connected to the existing mains sewage system on site.

5. Provision and storage of hot and cold water for sanitary facilities.

6. The external general/amenity areas are to be provided with security fencing, adequate external lighting and also protected by a certified external CCTV surveillance system.

7. The provision of suitable and adequate pest and vermin proof refuse storage facilities.

8. The installations for the supply of gas (LPG), oil and electricity including pipework, storage facilities and electrical distribution boxes including pipework, storage facilities and electrical distribution boxes and any necessary ancillary works required in relation to same.

9. The site perimeter to be enclosed/secured with 1.8m to 2.4m high security fencing and the external general/amenity areas to be provided with adequate external lighting and also protected by a certified external CCTV surveillance system.

10. Such further and other ancillary works, to include site development works and landscaping, to facilitate the above works as may be required.

Part 2

GIVEN under my Official Seal,

24 September, 2024.

RODERIC O’GORMAN,

Minister for Children, Equality, Disability, Integration and Youth.