Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

I am conscious that there are a number of amendments to be discussed and I wish to respond as comprehensively as possible.

I wish to clarify the Part V obligations for Deputy Wallace, and where that stands with regard to the planning and conditions. The Part V agreements must now be in place before developers can turn a sod on a proposed development site. The Part V negotiation process has been pinned down under the Bill and agreements must now be in place prior to works commencing. This new provision will avoid protracted disputes arising after developments have been built, which was the case in the past. Paragraph (1)(a) of section 33 amends section 96(2) of the principal Act to explicitly provide that the Part V agreement must be made with the planning authority before the developer lodges a commencement notice within the meaning of Part 2 of the building control regulations of 1997. In certain instances in the past, Part V agreements were not finalised between the parties before construction commenced.

This led to confusion and a lack of clarity on the part of developers and planning authorities about the social housing dividend required. This amendment will ensure there is clarity about the social housing dividend early in the planning and construction process. It will remain the case that a planning condition will require a Part 5 agreement to be put in place. Planning enforcement provisions will continue to be used to ensure all planning conditions are fulfilled by developers.

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