Refusal to face up to abuse of Exempted Development policy angers communities
There have been three high profile applications for Section 5 Exempted Development on industrial buildings in the county in recent months with the aim of transforming them into IPAS accommodation centres.
Effectively, a person or entity can apply to change the use of any non residential building or structure for the accommodation of international protection applicants, even if they don’t own the property. This has created tensions in the areas affected (Kells and Trim) and allowed room for misinformation and anti-immigrant sentiment to fester. This process removes any public consultation with communities and shuts out local public representatives.
The Meath Chronicle submitted questions to the Dept of Housing, Dept of Justice and Meath Co Council in relation to the use of the Section 5 Exempted Development legislation as well as directly to the Minister for Housing, James Browne when he visited new housing developments in the county on Friday.
We will come back to those questions and the responses a bit later, but first, what exactly is this legislation that allows persons or entities seek a change of use on virtually any non residential structure for use as IPAS accommodation?
Currently, all development of land or property requires planning permission, unless it is classed as exempt.
Applications for exempted development usually pertain to minor works such as small extensions to houses, garden walls and so on.
Section 5 of the Planning and Development Act 2000 allows any person request a declaration as to whether development is exempt. An application can be made in writing to the planning authority, to determine whether a proposal requires permission or is considered exempted development. The application, accompanied by all relevant site maps and a fee of €80 is all it takes.
The planner will then assess the application and make a decision within four weeks.
When it comes an application relating to IPAS accommodation, that’s four weeks of communities left in an information vacuum awaiting a decision.
In September 2023, the Department of Housing wrote to the directors of planning and chief executives in each local authority setting out changes to Planning and Development (Exempted Development) regulations which had just come into effect.
The letter stated that following engagement with the Department of Children, Equality, Disability, Integration and Youth (DCEDIY) and "as a response to the ongoing unprecedented demand for the accommodation of those seeking international protection", an amendment and a clause 'Class 20F' exemption would permit the "change of use of certain specified structures for the purpose of providing the necessary facilities and accommodation for international protection applicants."
Those provisions were a temporary time-limited measure and were due to expire on 31st December 2024, with the use of the specified structures ceasing to apply on that date. This was later extended to 31st December 2028.
"This is to allow DCEDIY greater flexibility in agreeing leases with potential accommodation providers for international protection applicants... including to persons displaced by the Russian invasion of Ukraine.”
The Class 20F structures allowed to be considered under the exempted development legislation include: schools, college, university, training centre, social centre, community centre, non-residential club, art gallery, museum, library, reading room, sports club or stadium, gymnasium, hotel, convention centre, conference centre, shop, office, Defence Forces barracks, light industrial building, airport operational building, wholesale warehouse or repository, local authority offices, play centre, medical and other health and social care accommodation, event and exhibition space or any structure or part of structure normally used for public worship or religious instruction.”
In the case of applications made in Kells (Kells Business Park) and Trim (29 Oaktree Business Park and Fairgreen, Summerhill Road), the buildings where exempted development was sought are located in commercial and industrial estates, and fall into the Class 20F net.
Last Friday, while on a visit to Meath to see progress on local housing developments, the Meath Chronicle raised the issue with Housing Minister James Browne and if he believed government should proceed with a process that is causing major concern amongst communities in Meath?
We outlined the three most recent applications for Section Five exemptions for IPAS centres in Kells and Trim and the unrest it was causing in the local communities, but it would appear there is little appetite to overhaul the process.
"So that's done under emergency planning legislation, rather than general planning legislation and actually under the legislation, I'm prohibited from commenting on particular planning applications. That's just what the law is but we will always keep things under review," said Minister Browne.
We hadn't asked him to comment on an individual application so a follow up question was submitted to his Department of Housing.
The response was equally vague: “In relation to IP accommodation, planning permission must be sought unless the development is exempted development.
“Under Section 30 of the Planning Act, the Minister is precluded from getting involved in planning matters.”
Planning matters are Meath Co Council’s responsibility so we also asked for its views on the legislation and, as the local authority caught in the crosshairs, if it would like to see changes made to the Section 5 Exempted Development process.
The response: "Meath County Council complies with the Planning and Development Act 2000 (as amended). Any queries on legislation regarding IPAS accommodation should be referred to the Dept of Justice."
That we did. We asked Minister Jim O'Callaghan's office: "Does the Minister for Justice concede (in the context of exempted development applications being made on numerous sites in Co Meath for the purpose of IPAS accommodation) is having a very unsettling effect on communities in our county and does he believe the legislation around same needs to be revisited?"
The response: “Providing reception conditions - accommodation and other basic supports - to people seeking international protection is part of Irish and EU law and is also part of our humanitarian duty to provide shelter to people fleeing war and persecution in their home country.
“The State is currently accommodating more than 33,000 people in over 320 International Protection Accommodation Service (IPAS) centres around the country, about 9,400 of whom are children with their families.
“IPAS carries out an appraisal when considering offers of accommodation. A range of issues are considered by that appraisal which may lead to a refusal. These might include ineligibility for planning exemptions or other building and fire regulations managed by the Local Authority. They might also include concerns about services, transport and other logistical issues.
“While there has been local concern in relation to some IPAS centres, including legal challenges, and in some rare cases, criminal and violent incidents, these have been worked through with local communities and leaders, with the support of a wide range of State agencies.
“There are examples of a small number of sites around the country where despite incidents of local protest initially, centres have opened and are operating successfully. It is the practice of this Department to engage and work with local groups to overcome concerns through dialogue with the support of State agencies and partner organisations as needed.
“Application for planning permission or exemptions under Section 5 are matters for the relevant local authority.
Trim Social Democrat Cllr Ronan Moore said government has allowed private and commercial interests drive the placement of IPAS centres.
“And as a result of this, no consideration appears to be given in the first instance to the needs and concerns of either the potential International Protection applicants or the communities that are expected to welcome them.
“As a result, local towns and villages are for weeks left frustrated and uncertain as to what is happening in their community. This is simply not good enough.”
Cllr Noel French said he was glad that the exemption had failed for the unit in Trim. “The building was not suitable for use as an IPAS centre and for use by human beings. The government should address the use of Section 5s and reform the legislation.”