I am not aware of any local authority seeking such a derogation and I as Minister have no power, under Part V of the Planning and Development Act 2000, as amended, to give such a derogation.
Part V provides (section 94) that a planning authority’s housing strategy shall provide that as a general policy a specified percentage, not being more than 10 per cent, of the land zoned for residential use, or for a mixture of residential and other uses, shall be reserved for the provision of housing for the purposes of social or affordable housing (planning authorities have been informed by my Department, however, that they should seek to focus on social housing under Part V agreements).
It also provides (section 95) that a planning authority must include objectives in the development plan in order to secure the implementation of the housing strategy, including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of social and affordable housing.
Section 95(1)(d) however provides that in order to counteract undue segregation in housing between persons of different social backgrounds, the planning authority may indicate in respect of any particular area referred zoned solely for residential use or, for a mixture of residential and other uses, that there is no requirement for social or affordable housing in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required.