Dáil Éireann Debate, Tuesday - 28 July 2020
338. Deputy Eoin Ó Broin asked 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]
View answer339. Deputy Catherine Murphy asked 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]
View answerI 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.
