Written answers

Tuesday, 3 November 2015

Department of Environment, Community and Local Government

Planning Issues

Photo of Tommy BroughanTommy Broughan (Dublin North East, Independent)
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1055. To ask the Minister for Environment, Community and Local Government if he has instructed the Dublin housing executive and the housing managers of the four Dublin local authorities to review Part V compliance through financial contribution on developments currently being built in their areas to ensure that, even the limited conditions of the Urban Regeneration and Housing Act 2015 are implemented; these developments will yield significant numbers of homes for citizens and families on housing lists; and if he will make a statement on the matter. [37609/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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Informed by an extensive public consultation process and an independent in-depth review of the operation of Part V of the Planning and Development Act 2000, as amended, a number of amendments to Part V were included in the Urban Regeneration and Housing Act 2015 which came into force on 1 September 2015.The principal objectives of the 2015 amendments are to:

- maximise the opportunity for the delivery of social housing units;

- secure the principle of integrated mixed tenure developments;

- address weaknesses in aspects of the existing legislation identified in a number of court judgements; and

- enhance the economic viability of developments.

It is currently open to local authorities to agree with developers to have their Part V obligations fulfilled in a number of ways, including:

- the transfer of ownership of land, subject to the planning application, to a local authority for the provision of housing;

- the building and transfer of ownership to the local authority, or persons nominated, of completed social housing units on the land, subject to the planning application;

- the transfer of ownership to the local authority, or persons nominated, of completed social housing units on other land, not subject to the planning permission; and/or

- the long term leasing of properties.

The transfer of land remains the default option but the option of providing a cash payment in lieu of housing has been removed, as has the option of providing sites or land elsewhere.

My Department has advised every local authority of the commencement of the new Part V legal provisions and requirements. In addition, authorities have been advised that the new Part V arrangements can be retrospectively applied to existing planning permissions where works have not commenced. With the consent of the developer and the local authority, Part V agreements reached on foot of the previous Part V provisions may now be renegotiated in line with the amendments contained in the Urban Regeneration and Housing Act 2015. Local authorities should be seeking every opportunity to maximise the immediate delivery of social housing units.

The new Part V provisions are a key component of the range of delivery mechanisms required to achieve the targets set out in the Government’s Social Housing Strategy 2020.

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