Wicklow County Council announce emergency measures to combat COVID-19
Emergency Measures in the Public Interest (Covid 19) 2020 - Planning Function
Planning function:
The Minister has signed a Commencement Order commencing Section 9 of the recently enacted Emergency Measures in the Public Interest (Covid 19) Act 2020. This section inserts a new provision (Section 251A) into the Planning and Development Act, 2000 as amended (the Act). This has the effect that the period from 29th March 2020 to the 20 April 2020, inclusive, may be disregarded when calculating any appropriate period, specified period, or other timelines in the Planning and Development Act 2000, as amended, the Derelicts Sites Act, 1990, Part 2 of the Urban Regenerations and Housing Act, 2015 (which relates to the vacant site levy), Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act, 2016 (which relates the Strategic Housing Developments). The effect of the activation of this provision does not freeze the planning system, rather it extends the timelines within which decisions can be made.
The Department of Housing, Planning and Local Government has published a guidance titled “FAQ - Order made under Section 251A of the Planning and Development, Act 2000, as amended, on 29 March 2020, which can be viewed on www.housing.gov.ie
The Minister has also made 2 Regulations that, for the period of the emergency, a change in use from a premises selling food for consumption on the premises to one providing food for consumption off the premises will be considered an exempt development and provides for the non-application of the Planning and Development Act 2000 to certain classes of development by or on behalf of a State Authority.
In line with the advice of the Minister contained in Guidelines for Planning Authorities on the Enforcement of certain planning conditions during the Coronavirus (COVID-19) outbreak, issued under Section 28 of the Planning and Development Act 2000, as amended, the Planning Authority will use its discretion in relation to the enforcement of certain planning conditions relating to operational restrictions, e.g. where essential retail and childcare operators, in an effort to ensure that food and other supplies and critical services can be delivered in a safe and timely manner, may be subject to planning conditions that restrict delivery times and/or opening hours.
The Planning Authority is seeking to ensure that every effort is being made to make certain that the planning system continues to operate effectively as possible, in the context of the most up-to-date public health advice during this COVID-19 Emergency. In this regard the following is highlighted:
The planning counter is closed, however, applicants can submit applications by post and make contact by telephone on 0404 20100 or email at plandev@wicklowcoco.ie.
Planning applications will be validated following receipt, which will include uploading onto the publically accessible electronic system, the checking of site notices, etc.
Decisions on files lodged up to and including the 21/02/2020 will be issued where possible. Decisions on files received after the 21/02/2020, cannot be issued, having regard to the extended timelines provided for under S251A, to ensure that public participation in the planning process is maintained. Where further information responses are received, the Planning Authority may issue a Decision where possible, unless the response is deemed “significant”, as same cannot be processed having regard to the provisions of S251A.
The Planning Authority will continue to facilitate pre-planning requests and deal with other necessary communications via email and phone.