S.I. No. 306/2022 - European Union (Planning and Development) (Displaced Persons From Ukraine Temporary Protection) Regulations 2022

1. Reception and integration facilities.

2. Residential accommodation, including ancillary recreational and sporting facilities.

3. Medical and other health and social care accommodation.

4. Education and childcare facilities, including ancillary recreational and sporting facilities.

5. Emergency management coordination facilities.

6. Structures or facilities ancillary to development referred to in paragraphs 1 to 5, including administration and storage facilities.

7. Infrastructure and other works ancillary to development referred to in paragraphs 1 to 6.

GIVEN under my Official Seal,

23 June, 2022.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations are made under

section 3

of the

European Communities Act 1972

(No. 27 of 1972) for the purpose of giving effect to Council Directive No 2001/55 EC (the Temporary Protection Directive), and Council Implementing Decision EU 2022/382 of 4 March 2022, to provide immediate protection in EU countries for persons displaced by the Russian invasion of Ukraine, including the need to provide emergency accommodation and support to these displaced persons.

The Regulations relate to the non-application of the

Planning and Development Act 2000

to certain classes of development by or on behalf of a State authority, which is defined as a Minister of the Government or the Commissioners of Public Works in Ireland.

The provisions of the

Planning and Development Act 2000

shall not apply to the specified classes of temporary development in the Schedule only for so long as the regulations are in force. After this time the removal, demolition or alteration of any temporary structure and the discontinuance of any temporary use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development, shall be required, unless the development is permitted, exempted or otherwise regularised by a provision of the

Planning and Development Act 2000

, or the Regulations thereto.

The classes of development listed in the Schedule may include the change of use and repurposing of existing buildings and facilities, and temporary new-build accommodation and structures to address the urgent need to provide emergency accommodation and support to displaced persons from the conflict in Ukraine.

In accordance with the Temporary Protection Directive 2001/55/EC, the duration of temporary protection activated by European Union Council Decision EU 2022/382 of 4 March 2022 should be for an initial period of one year. Unless terminated under the terms of Article 6(1), point (b), of that Directive, that period should be extended automatically by six monthly periods for a maximum of one year. At any time, the European Commission may propose to the Council to end the temporary protection, based on the fact that the situation in Ukraine is such as to permit the safe and durable return of those granted temporary protection, or propose that the Council extend the temporary protection by up to one year. As such, the maximum extended period for the duration of Temporary Protection Decision EU 2022/382, of 4 March 2022, shall be three years.

1 OJ No. L 212, 7.8.2001, p. 12.

2 OJ No. L 71, 4.3.2022, p. 1.

1 OJ No. L 212, 7.8.2001, p. 12.

2 OJ No. L 71, 4.3.2022, p. 1.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st July,

2022.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972), for the purpose of giving further effect to Council Directive 2001/55/EC of 20 July 2001

1

and giving effect to Council Implementing Decision (EU) 2022/382 of 4 March 2022

2

, hereby make the following regulations