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The first practice direction has now been issued by the State Planning Commission (“the Commission”) under the new Planning, Development and Infrastructure Act 2016 (“PDI Act”).

Section 42 of the PDI Act allows the Commission to issue practice directions, including to specify procedural requirements or steps in connection with any matter arising under the PDI Act.

This practice direction relates to development approvals for the division of land in an environment and food production area. It commenced operation on 21 November 2017.

The practice direction introduces a new step, as follows:

If a relevant authority grants a development approval for the division of land in an environment and food production area that creates 1 or more additional allotments, the relevant authority must include a statement on the relevant development approval to the effect that the additional allotments must not be used for residential purposes by virtue of the operation of section 7 of the Act.” (Please note, emphasis is our own).

Subsection 7(5)(d) of the PDI Act provides that a relevant authority must refuse to grant development authorisation for the creation of additional allotments to be used for residential development in an environment and food production area. In addition, subsection 7(5)(e) further provides that a development authorisation granted in relation to the proposed development will be taken to be subject to the condition that the additional allotments created will not be used for residential development.

A link to the practice direction can be found here.

For more information in relation to the obligations of your council arising from the practice direction or any other matter under the PDI Act, please contact Melanie Meaney or Anthony Kelly.