Written answers

Tuesday, 28 July 2020

Department of Housing, Planning, and Local Government

Social and Affordable Housing

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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338. To ask the Minister for Housing, Planning, and Local Government the circumstances in which a developer can receive an exemption to Part V requirements; his plans to review the availability of these exemptions; and if he will make a statement on the matter. [18413/20]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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339. To ask the Minister for Housing, Planning, and Local Government the grounds on which planners can grant the certificate of exemption in relation to the exemptions to Part V requirements and section 97 of the Planning and Development Act 2000; if this is automatic; if there is discretion afforded to planning authorities; and if guidance has been issued to planning authorities on same. [18416/20]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 338 and 339 together.

The Part V requirement arises where a development plan objective requires that a specified percentage of any land zoned for residential use be made available for social and affordable housing.

Paragraph 2.1 of the 'Part V of the Planning and Development Act 2000 Guidelines' issued in January 2017 outlines the circumstances whereby the Part V requirement will not apply to an application for planning permission. In accordance with section 96(13) of the Act of 2000, these are:

(a) provision of houses by an approved housing body for social housing and/or affordable housing;

(b) conversion of an existing building or the reconstruction of a building to create one or more dwellings provided that at least 50% of the external fabric is retained;

(c) carrying out works to an existing house;

(d) development of houses pursuant to an agreement under section 96 of the 2000 Act.

As provided for in section 97 of the 2000 Act, the Part V requirement also does not apply to developments consisting of 9 or fewer houses or a development of houses on land of less than 0.1 hectare where, prior to the application for planning permission, the developer applies for and is granted a certificate to that effect by the planning authority. Guidance on the provisions of section 97 of the Act is at ‘Section 12 – Anti-Avoidance Provisions of Part V (Section 97)’ of the December 2000 ‘Part V of the Planning and Development Act, 2000 Housing Supply Guidelines for Planning Authorities’.

The Programme for Government contains commitments in relation to the delivery of affordable homes through Part V and I have confirmed that the current 10% requirement for social homes will be protected and that I would like to see the requirement increased to 20% for social and affordable homes. My officials are examining the related implications for the Part V provisions, including the section 97 exemptions.

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