COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE

Tuesday, February 14, 2017

QUESTION NO. 10

QUESTION: Councillor D. Looney

"To ask the Chief Executive, with specific reference to any available data for the area under the remit of this Committee, to outline the process by which Part V houses are identified, negotiated upon, procured, delivered and allocated, and to make a statement on the matter?"

REPLY:

"Part V of the Planning and Development 2000 as amended relates to the delivery of social housing units in schemes of 10 or more units.

When the planning application is made, it must be accompanied by the developer’s proposals for complying with Part V. 

The proposal must contain: 

• how the applicant intends to discharge his/her Part V obligation as regards a selection of a preferred option from the options available under the Act;
• details in relation to the units or land to be provided; and
• indicative costs.

Section 96(3) of the Planning & Development Act sets out the 6 types of Part V agreement that may be made. 

1. Transfer to the ownership of the local authority of a part or parts of the land subject to the planning application (section 96(3) paragraph (a)).
2. Build and transfer to the ownership of the local authority, or persons nominated by the authority, of a number of housing units on the site subject to the planning application (section 96(3) paragraph (b)(i)). (Up to 10% of the units in the development).
3. Transfer to the ownership of the local authority, or persons nominated by the authority, of housing units on any other land in the functional area of the local authority (section 96(3) paragraph (b)(iv)).
4. Grant a lease of housing units to the local authority, either on the site subject to the planning application or on any other land within the functional area of the local authority (section 96(3) paragraph (b)(iva)). This is a new option, inserted in 2015.
5. A combination of the transfer of the ownership of land under paragraph (a) of section 96(3) and one or more of the options at paragraph (b)(i), (b)(iv) and (b)(iva) of section 96(3) (section 96(3) paragraph (b)(vii)). That is, a combination of a transfer of land and one or more of the other options.
6. A combination of 2 or more of the options set out at paragraphs (b)(i), (b)(iv) and (b)(iva) of section 96(3), i.e. a combination of options not including a transfer of the ownership of land (section 96(3) paragraph (b)(viii)).

The priority option which is pursued by local authorities is the acquisition of social housing on the development site, by means of transfer of ownership to the local authority or to an AHB.

Under new Guidelines issued in January 2017 by the Minister for Housing, Planning, Community and Local Government pursuant to S28 of the Planning and Development Act 2000, local authorities have to ensure that negotiations with the developer are commenced during the 8 week period following the date of Final Grant of Permission.

 

Once negotiations have been completed approval for cost of acquisition of units under Part V is sought from the Department of Housing, Planning, Community and Local Government. On receipt of Departmental approval, the Council's Housing Department will identify an approved Housing Body in accordance with the Approved Housing Body Protocol, for the acquisition of the Part V units. 

All units procured under Part V , by the AHB Sector or by the Housing Authority directly, are allocated to persons from the Council's Social Housing List.

Planning activity suggests a potential yield of 45 units pursuant to Part V within the LEA of Rathfarnham, of which 20 units are likely to be delivered in the current year."