Section 96(3) of the Planning and Development Act 2000, as amended, sets out six different options that may be considered when a Part V agreement is being made between a developer and a planning authority.
My Department’s Guidelines on Part V of the Planning and Development Act 2000, (January 2017), state that “the priority option which should be pursued by planning authorities is the acquisition of social housing on the development site, by means of transfer of ownership to the planning authority or to an Approved Housing Body.” These Guidelines were issued under section 28 of the Planning and Development Act 2000 and planning authorities are required to have regard to them in carrying out their functions under the Act.
However, it is recognised that there may be occasional cases where this option is not feasible, for example where the size of units is unsuitable for the planning authority, the land or development costs are particularly high, or where there are excessive annual management fees associated with the development. In such cases, the planning authority may seek the transfer of the land or parts of the land, or the transfer of units on another site, as provided for in the Act.