To date, my Department has issued one circular to local authorities on the operation of the Planning and Development (Amendment) Act 2002. A copy of this circular will be forwarded to the Deputy shortly.
The Act provides for alternative options to the transfer of land in order to meet the conditions of Part V, including the making of a payment to a local authority fund to provide social and affordable housing. The decision, in individual cases, as to which option should be incorporated in Part V agreement is a matter for negotiation between the local authority and the developer concerned. In reaching agreement the local authority must ensure inter alia that this contributes effectively and efficiently to the achievement of its housing strategy.
Draft guidelines have been prepared to assist those dealing with agreements under the revised Part V arrangements and, following a consultation process with relevant stakeholders, which is ongoing, these guidelines will be finalised and issued as soon as possible.