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Dublin Live
Dublin Live
National
Dan Grennan

Dublin City Councillors slam 'undemocratic' Planning Regulator in row over build-to-rents

All Dublin City Councillors have united against the Planning Regulator in a row over dominating build-to-rent developments.

They have accused the Office of the Planning Regulator of being "undemocratic" after they refused to attend a DCC meeting to discuss the city's Development Plan.

Councillors, the Local Authority's Chief Executive and planners have been highly critical of the BTR developments which they say are "unsustainable" due to the high levels of planning applications across the city.

Read more: 'Stealth' planning exemption for homeless hostel in south Dublin overturned

Build-to-rent apartments do not have to comply with minimum size standards required in homes for sale and Councillors say they do not work for families or communities.

DCC analysis reportedly showed a rapid increase in the dominance of build-to-rent schemes.

In 2018, BTR accounted for just 15% of all applied for or granted schemes which sky rocketed to 82% by 2020.

To curb the amount of BTR schemes, Councillors proposed restrictions in the new Development Plan for the city.

Under the curbs, at least 40% of properties in BTR schemes of more than 100 units would need to be "standard build-to-sell apartments" and BTR projects of fewer than 100 units would generally not get approved as they do not have a "critical mass" to support community facilities.

These policies went against national policy, deputy planning regulator Anne Marie O'Connor said in a submission to the development plan.

Councillors invited the planning regulator to attend a DCC meeting to answer questions on their opposition to the proposed policies.

The invitation was rejected by the deputy planning regulator, Anne Marie, who said they would be "more than happy to provide a response if there is any specific written clarification needed".

Ms Marie also noted that the regulator had held a special in-person training events to deal with any questions relating to development plans for councillors up and down the country.

All the group and party leaders signed a statement which condemned the Planning Regulator's refusal to attend the special Council meeting.

The councillors say the refusal of the Regulator to attend the meeting was "undemocratic" and that their voices must be heard in this process.

The statement read: “This is the first time the development plan process, and specifically the Dublin City Development plan, is subject to its very significant statutory powers.

"The OPR makes 7 recommendations in their submission which Dublin City Council, the largest local authority in the country, 'is required to implement' and 3 observations which we must 'take into account'.

"These include, amongst other things, removing the requirement that 40% of apartments in Build-To-Rent (BTR) developments would be required to be ‘standard build to sell apartments’ and removal of restrictions on BTR schemes of less than 100 units."

The councillors added that the planning regulator has the power to force the Council to comply with their recommendations.

"If councillors fail to make the required changes, the OPR, under the legislation will force Dublin City Council to comply with those recommendations.

"Our own City Planner disagrees with some of the recommendations made by the OPR but councillors have had no chance to debate these in a public forum.

"We simply requested a dialogue with the OPR in City Hall to bring greater transparency and accountability to this process. This request has been inexplicably denied and the chance for democratic accountability has been lost as a result.

"We have cancelled Monday’s meeting as a result and are rescheduling to meet at a time of OPR’s choosing.”

The Office of the Planning Regulator said they cannot force Dublin City Council to change their Development Plan.

A spokesman said: "Contrary to statement the by DCC councillors, it is not the function of the OPR to force Dublin City Council (or any local authority) to comply with our recommendations.

"Rather, after our independent written assessment of the plan as made, which may include a recommendation to the Minister for Housing, Local Government and Heritage to issue a direction to the local authority to change some aspect of the plan, it is ultimately the decision and legal function of the Minister whether or not a direction issues.”

Read more: An Bord Pleanala decisions to be probed by DCC after controversies

Read more: Over half a billion euro in tax payer's money given to Dublin City landlords

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