COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, June 17, 2021

MOTION NO.

MOTION: Councillor Peter Kavanagh, Councillor Liam Sinclair, Councillor L. Donaghy, Councillor S.McEneaney

Housing Motion: To amend H1 Objective 2 as follows: To require that at least 10% of lands zoned for residential use, or for a mixture of residential and other uses for development of 9 or fewer houses or development of houses on land less than 0.1 hectares (or relevant figures as may be revised by legislation) be reserved for social and affordable housing in accordance with the Urban Regeneration and Housing Act 2015 and the Planning and Development Act 2000 (as amended).

REPORT:

The motion refers to H1 Objective 2 which states: ‘To require that 10% of lands zoned for residential use, or for a mixture of residential and other uses for development of 9 or more units or development of units on land greater than 0.1 hectares (or relevant figures as may be revised by legislation) be reserved for social and affordable housing in accordance with the Urban Regeneration and Housing Act 2015 and the Planning and Development Act 2000 (as amended).’

The motion proposes the insertion of the words ‘at least’ before ‘10%’.

‘To require that at least 10% of lands zoned for residential use, or for a mixture of residential and other uses for development of 9 or more units or development of units on land greater than 0.1 hectares (or relevant figures as may be revised by legislation) be reserved for social and affordable housing in accordance with the Urban Regeneration and Housing Act 2015 and the Planning and Development Act 2000 (as amended).’

Guidelines issued by the Minister for Housing, Planning, Community and Local Government under section 28 of the Planning and Development Act 2000 (Jan 2017) should be noted in particular Section 96(3) which sets out the 6 types of Part V agreement that may be made. With particular reference to the aim of this motion, Point 2 should be noted. 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). 

The use of the words ‘at least’ would not be consistent with the current legislation ‘up to’ and therefore it is considered the motion cannot be accepted. However, it is noted that the objective provides for any changes to legislation that may be made over the life or prior to the adoption of the Plan.

Recommendation:   It is recommended that the motion is not adopted.