S.I. No. 376/2023 - Planning and Development (Exempted Development) (No. 4) Regulations 2023

1. The temporary use shall only be for the purposes of accommodating displaced persons or for the purposes of accommodating persons seeking international protection.

2. Subject to paragraph 4 of this class, the use for the purposes of accommodating displaced persons shall be discontinued when the temporary protection introduced by the Council Implementing Decision (EU) 2022/382 of 4 March 2022

1

comes to an end in accordance with Article 6 of the Council Directive 2001/55/EC of 20 July 2001

2

.

3. The use for the purposes of accommodating persons seeking international protection shall be discontinued not later than 31 December 2028.

4. Where the obligation to provide temporary protection is discontinued in accordance with paragraph 2 of this class, on a date that is earlier than 31 December 2028, the temporary use of any structure which has been used for the accommodation of displaced persons shall continue for the purposes of accommodating persons seeking international protection in accordance with paragraph 3 of this class.

5. The relevant local authority must be notified of locations where change of use is taking place prior the commencement of development.

6. ‘displaced persons’, for the purpose of this class, means persons to whom temporary protection applies in accordance with Article 2 of Council Implementing Decision (EU) 2022/382 of 4 March 2022.

7. ‘international protection’, for the purpose of this class, has the meaning given to it in

section 2

(1) of the

International Protection Act 2015

(No. 66 of 2015).

8. ‘temporary protection’, for the purpose of this class, has the meaning given to it in Article 2 of Council Directive 2001/55/EC of 20 July 2001.”

“.

GIVEN under my Official Seal,

19 July, 2023.

DARRAGH O’BRIEN,

Minister of Housing, Local Government and Heritage.

1 OJ No. L 71, 04.03.2022, p. 1.

2 OJ No. L 212, 07.08.2001, p. 12. 7

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

21

st July,

2023.

WHEREAS I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, am of the opinion that development to which the following regulations apply would not offend against principles of proper planning and sustainable development by reason of the nature and limited effect of development belonging to that class on its surroundings;

AND WHEREAS a draft of the following regulations has been laid before each House of the Oireachtas and a resolution approving that draft has been passed by each such House;

NOW I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, 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 Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 408 of 2020

)), hereby make the following regulations

Citation and construction