S.I. No. 582/2015 - Planning and Development (Amendment) (No. 4) Regulations 2015.
Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 1 st January , 2015. I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 4 (2) and 262 of the Planning and Development Act 2000 (No. 30 of 2000) (as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order (No. 193 of 2011), hereby make the following regulations with respect to which, pursuant to section 262(4) of that Act, a draft has been laid before each House of the Oireachtas and a resolution approving of the draft has been passed by each such House: Citation 1. (1) These Regulations may be cited as the Planning and Development (Amendment) (No. 4) Regulations 2015. (2) These Regulations and the Planning and Development Regulations 2001 to 2015 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2015. Interpretation 2. In these Regulations, unless otherwise stated— “the Act” means the Planning and Development Act 2000 ; “the Principal Regulations” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ). Amendment of Article 5 of the Principal Regulations 3. (1) Article 5(1) of the Principal Regulations is amended by substituting for the definition of “business premises” the following definition: “ ‘business premises’ means— ( a ) any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons, ( b ) a hotel, hostel (other than a hostel where care is provided) or public house, or ( c ) any structure or other land used for the purposes of, or in connection with, the functions of a State authority;”. (2) Article 5(1) of the Principal Regulations is amended by substituting for the definition of “excluded premises” the following definition: “ ‘excluded premises’ means— ( a ) any premises used for purposes of a religious, educational, cultural, recreational or medical character, ( b ) any guest house or other premises (not being a hotel or a hostel) providing overnight guest accommodation, block of flats or apartments, club, or boarding house, or ( c ) any structure which was designed for use as one or more dwellings, except such a structure which was used as business premises immediately before 1 October, 1964 or is so used with permission under the Act;”. (3) Article 5(1) of the Principal Regulations is amended by inserting after the definition of “painting” the following definition: “ ‘protected person’, for the purposes of Schedule 2, means— ( a ) a person who has made an application to the Minister for Justice and Equality under the Refugee Act of 1996 or the Subsidiary Protection Regulations 2013 (S.I. No. 426 of 2013 ), ( b ) a person who falls to be considered or has been considered under section 3 of the Immigration Act of 1999, or ( c ) a programme refugee within the meaning of section 24 of the Refugee Act of 1996;”. Amendment of Part 1 of Schedule 2 to the Principal Regulations 4. (1) Subject to paragraph (2), Part 1 (‘Exempted Development - General’) of Schedule 2 to the Principal Regulations is amended by substituting for “ Change of use CLASS 14” the following: “ Column 1
Description of Development Column 2
Conditions and Limitations
Change of use
CLASS 14 Development consisting of a change of use—
(a) from use for the sale of hot food for consumption off the premises, or for the sale or leasing or display for sale or leasing of motor vehicles, to use as a shop,
(b) from use as a public house, to use as a shop,
© from use for the direction of funerals, as a funeral home, as an amusement arcade or a restaurant, to use as a shop,
(d) from use to which class 2 of Part 4 of this Schedule applies, to use as a shop,
(e) from use as 2 or more dwellings, to use as a single dwelling, of any structure previously used as a single dwelling,
(f) from use as a house, to use as a residence for persons with an intellectual or physical disability or mental illness and persons providing care for such persons,
(g) from use as a hotel, to use as a hostel (other than a hostel where care is provided),
(h) from use as a hotel, motel, hostel, guesthouse, holiday accommodation, convent, monastery, Defence Forces barracks or other premises or residential institution providing overnight accommodation, or part thereof, or from the change of use specified in paragraph (i) of the said premises or institution, or part thereof, to use as accommodation for protected persons,
(i) from use as a hotel, motel, hostel, guesthouse, holiday accommodation, convent, monastery, Defence Forces barracks or other premises or residential institution providing overnight accommodation, or part thereof, or from the change of use specified in paragraph (h) of the said premises or institution, or part thereof, to use as an emergency reception and orientation centre for protected persons, and
(j) from the change of use specified in paragraph (h) or (i) or both, to the permitted use of the premises immediately prior to the change of use specified in the said paragraph (h) or (i) or both. The number of persons with an intellectual or physical disability or a mental illness living in any such residence shall not exceed 6 and the number of resident carers shall not exceed 2.
Class 14(j) shall not apply after a period of 3 years from the date of the commencement of the change of use specified in Class 14(h) or (i) or both, whichever date is the earliest.|
|||(2) For convenience of reference there is set out in the amendment provided for by paragraph (1) the relevant headings that apply for the columns concerned.|
|||GIVEN under my Official Seal,|
|||17 December 2015.|
|||ALAN KELLY TD,|
|||Minister for the Environment, Community and Local Government.|
|||(This note is not part of the Instrument and does not purport to be a legal interpretation).|
||*Article 4 of these Regulations inserts 4 new classes of exempted development into the Planning and Development Regulations 2001 (“the Principal Regulations”), which has the effect that the changes of use specified in the new classes are exempted from the requirement to obtain planning permission. The new classes of exempted development are as follows:|
|||• Class 14( g ): Change of use of a premises from a hotel to a hostel (other than a hostel where care is provided);|
|||• Class 14( h ): Change of use of various forms of premises providing residential or overnight accommodation to specific use as accommodation for refugees and asylum seekers, as defined in legislation. This class of exempted development will assist in implementing the Government’s Irish Refugee Protection Programme (IRPP), which was established on 10 September 2015 in response to the migration crisis in central and southern Europe;|
|||• Class 14( i ): Change of use of various forms of premises providing overnight accommodation to use as an emergency reception and orientation centre (EROC) for refugees and asylum seekers. A network of EROCs will be established by the Department of Justice and Equality for the initial reception of persons arriving in Ireland under the IRPP;|
|||• Class 14( j ): Return of premises, the use of which changed under an exemption in Class 14( h ) or 14( i ), to their permitted use immediately prior to that change of use. It is a condition of this class that the exemption from planning permission will apply for a period of 3 years only from the date of the commencement of the change of use exempted under Class 14( h ) or ( i ) or both.|
|||Article 3 of these Regulations amends the definitions of “business premises” and “excluded premises” in the Principal Regulations to remove the distinction in them between a hotel and a hostel.|
|||In accordance with [section 16]
(http://www.irishstatutebook.ie/2005/en/act/pub/0023/sec0016.html#sec16) (3) of the Interpretation Act 2005 , these Regulations come into operation at the end of the day before the day on which the Regulations are made.|
The lads in Calais will love this, working class Labour voters not so much
The bills keep rising and no end in sight to those grotesque charade/box ticking exercise
The figures show there are currently just over 1,300 asylum-seekers, including 275 children, living in emergency accommodation in 33 locations around the country.
Some of these are private hotels and B&Bs that are also open to tourists and people on holidays…
…Meanwhile, there are just over 6,000 people in its 38 direct provision centres across the country.
The Department of Justice says expenditure on accommodation for international protection applicants is expected to reach €120m this year compared with €78m last year.
And they’re still coming, at a rate of a few hundred a week. We’re going to run out of hotel spaces at this rate
Someone has to shout stop. Especially when you read a bs story like this
Pereira arrived in Ireland in December 2005 just one week before his 16th birthday, after his father - who had spent a year working in construction in the west of Ireland- called for his family to join him from their home in the town of Bertioga on the outskirts of São Paulo in Brazil.
…Pereira’s mother applied for asylum for the family shortly after arriving in Ireland but they did not move into direct provision as Pereira’s father was earning a salary through construction work. As an asylum seeker, Pereira was unable to afford the international fees for third level education so he found a job as a waiter when he finished school. Even though it was illegal for asylum applicants to work at the time, Pereira found employment through friends in Gorey.
…Pereira spent the following few years working as a waiter and a chef in a number of Gorey restaurants. In 2013, his older brother, who had chosen to return to Brazil with their father following their parents’ divorce, bought a one-way flight for Pereira to São Paulo. Unaware that his asylum application would be thrown out if he left the country, Pereira decided to return home for six months.
…In 2014 he met his future wife Beatriz and the following year the couple were married. “I always told her I wanted to go back to Ireland and that’s kind of what clicked [for] us. She was sick of our town in Brazil, it was a little place with no progress and everything was corrupt. If you didn’t know the right places you never go forward, you are miserable.”
The couple arrived back in Ireland in 2015 on tourist visas hoping to restart Pereira’s original asylum application. He quickly learned he was no longer eligible for protection under his mother’s application – she had received temporary permission to remain during his absence – and reapplied for asylum for his wife, and son Ethan, who was born in 2016.
…His deportation order has been revoked and he is waiting for a decision on his asylum claim, which now includes his five-month-old son Eóghan, while working in home refurbishments.
A simply astounding story. And this is the Irish times, media friendly, highly edited and rehearsed version of his story. Could you imagine the details he’s left out.
It absolutely maddens me, the billions we’ve blown away on asylum in the past 20 years. And not a chance it’s going to stop
Varadkar to rise to the challenge and get that DP centre into Castleknock:
They’ve been busy over at politicalIrish.com, 135 pages and counting busy.
Dive in if you dare, I haven’t, but it might hold interest or insight on the matter.
Trinners will lead the way:
Trinity joins universities that give asylum seekers and refugees free tuition
Trinity College Dublin is the latest Irish university to offer free fees and other supports to students living in direct provision to help them pursue third-level education.
The university’s academic council has approved four four-year scholarships, for each of the next four years, for asylum seekers and refugees.
As well as free fees, they will receive a €1,500 a year, a laptop and free meals.
It follows similar lines to what is on offer in universities with University of Sanctuary status in recognition of their efforts to make higher education more accessible to people living in direct provision.
Trinity threatens to cut number of Irish students if funding doesn’t rise
Trinity College Dublin (TCD) is threatening to cut its intake of Irish students from next year in the absence of an increase in Government funding for the sector.
Potentially 130 asylum seekers going into a town of 940
Why would asylum seekers be considered for long term accommodation? Their status has yet to be decided and we already know there is a very high failure rate. In fact, about 40% of applicants are arriving in from “safe” countries. Bizarre.
It is understood this proposed accommodation provision is completely different from the emergency accommodation previously proposed at the Shannon Key West, Rooskey. The Leitrim Observer understands this accommodation focuses on long-term accommodation for families.
Human tragedy and despicable practice.
Further down the linked article:
“People trafficking is a vile and dangerous business,” Ms Doyle-Price tweeted, adding that she hoped Essex Police could “bring these murderers to justice”.
Seamus Leheny, Northern Ireland policy manager for the Freight Transport Association, said if the lorry had come from Bulgaria, getting into Britain via Holyhead was an “unorthodox route”.
The lorry appears to have entered the UK Via Ireland.
It makes sense as it allows those who are ultimately accepted to begin to live stable lives immediately and thereby hopefully become net contributors to society sooner than otherwise. I suspect that the availability of this option may depend on the availability of such housing lying around the locality rather than any overall strategy.
It seems only the lorry cab came from NI. The container arrived at Purfleet in Essex from Zeebrugge…
The origin of the cargo appears to have been somewhere in Bulgaria where a company linked to the lorry is registered in an Irish womans name.
The driver may not have been aware of the content of his cargo.
There have been recorded cigarette smuggling rackets before between Bulgarian mafia groups and Irish paramilitarie/organised crime gangs. The truck driver is also from Portadown.
Seems entirely plausible that this is an ongoing smuggling operation of human beings using tried and trusted smuggling routes across Europe. Perhaps the driver even thought he was bringing cigarattes back to Ireland.
Two spins on this.
- The practice has been incentivised by the nationwide Direct Provision industry which needs an ongoing steady stream of human cargo to sustain itself. As a result the practice of trafficking in human beings and associated illegal migration needs to be cracked down on.
- The deaths have been caused by a fotress Europe mentality which requires desperate people to place themselves in harms way to secure a better life. As a result we must make it easier to migrate into Europe on public health/human rights grounds.
Which would resonate more with voters?
The absorption of asylum seekers by available hotel space also pushes up the rates charged to normal users for rooms.
So it’s a double whammy for taxpaying normal hotel users: paying for the asylum seekers lodging and paying extra for their own.
In Ireland, the taxpayer always pays twice: pays for himself, and pays for those who don’t or won’t.
Grand little country altogether.
They’ve moved on to Achill Island of all places now.
Locals believed they’d put a halt to the settlement of 40 asylum seekers last night but RTE seem to believe it is still going ahead.
Reported plans to open a Direct Provision centre on Achill Island this morning (Thursday) have been halted in the wake of a public meeting on the island last night.
The meeting heard local objections to reported plans by the Department of Justice to house 40 migrants at the Achill Head Hotel in the village of Pollagh from today.
At the outset of the meeting, local resident Monica Brogan said the meeting had been called by a group of locals concerned about the ‘inhumane’ Direct Provision system, emphasising that ‘the people who are seeking the accommodation are not the targets here’.
Local councillor Paul McNamara said he had been informed that the hotel has a three-month contract as emergency accommodation for a temporary Direct Provision centre.
Word of plans to open the Direct Provision centre today had only filtered through to the community yesterday, with many locals expressing their anger at the lack of local consultation.
Cllr McNamara told The Mayo News this morning (Tuesday) that following phone calls by him after the meeting, he was told nobody will be arriving at the Achill Head Hotel today and that ‘no final decision’ will be made until the Department of Justice liaise with the local community.
At the meeting Cllr McNamara was critical of the lack of notification to the Achill community, saying he only became aware of the plans yesterday morning and got confirmation of the above details from the office of David Stanton, the Minister for State for Equality, Immigration and Integration, yesterday afternoon. He described the news as ‘the best-kept secret’.
Close to 200 people attended the two-hour-long meeting in Cashel last night. At times heated, the meeting heard differing views on the issue.
Speaking at the end of the meeting, Cllr McNamara summed up what he felt was the mood of the meeting. Each of comments were met with sustained applause.
“The Achill Head is not fit for purpose as a Direct Provision centre, that is what is coming out of the meeting?” he asked.
But Charlie seems to be determined to ram them in………
Achill expected to accommodate 40 asylum seekers - minister
The Minister for Justice has said it is envisaged that a property on Achill Island in Co Mayo will be used to house around 40 asylum seekers.
A hotel has been selected as a location to provide emergency temporary accommodation.
Charlie Flanagan said the premises had been offered to the Department of Justice following a recent tender process.
Speculation that the Achill Head Hotel in Keel could be used by the State’s Reception and Integration Agency prompted a public meeting in the area last night.
The gathering heard concerns about the infrastructural pressures that might occur as a result of such a move. Many of those present called for more consultation with residents, in advance of any tender being awarded.
Meantime Charlie is a busy boy, planning hate speech laws for those levelling criticism at his policies, and working with Sinn Fein to stifle freedom of speech:
Minister hoping to introduce new hate speech laws next year
"I don’t want to interfere with the fundamental freedom of speech but at the same time I’m very concerned about what I’m hearing as to the manner in which minority groups in particular are being treated and the fact that offensive speech, hate speech is becoming common place in Ireland.
“I don’t think that is good and I want to outlaw it,” he said.
Mr Flanagan was also asked about comments made in the Dáil earlier today by Sinn Féin TD Martin Kenny.
The Sligo-Leitrim TD raised concerns during Leaders’ Questions about the increasing use of “far right” language, particularly in conversations around Direct Provision centres.
Mr Kenny told the Dáil that legitimate concerns people may hold about such centres are being “twisted into reasons to be intolerant”.
Mr Flanagan said it is a “vociferous minority” who are engaging in the use of this language, and said he had no difficulty in calling it out.
Who gets to decide the definition of ‘hate speech’? We came through wars, the troubles and various economic calamities without the need for such restrictions.
We are a long way from Oliver J. Flanagan, and the freedom of speech he was afforded. You could say Charlie has the look of a man desperate to make amends for the sins of the father.
Ireland and Irishness are indeed being targeted.
In one of his other videos he says with reference to refugees in Irish villages that “we’re starting to get the knife crime and the rapes”. Would you say that’s a fair and balanced comment?
I don’t think that’s completely inaccurate (you won’t hear it being reported on RTE etc) but perhaps you can post a link to this video and quote.
You’re telling me that RTE don’t report knife crimes and rapes committed by refugees?
He only has a few vids on his channel. It’s the three-way conversation with two other racists, about 20-25 minutes in. The quote is verbatim as I gave it.
The Washington Post devote boundless energy into denigrating Trump, but turned al-Baghdadi into a religious scholar and statesman. Twitter is having a field day.
This is the deranged far left’s only remaining tactic. Label anyone who disagrees with their extremely skewed viewpoints as “racist”, “Islamophobe”, “transphobe”, “homophobe” etc.