COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, June 17, 2021

MOTION NO.

MOTION: Councillor William Joseph Carey, Councillor Derren Ó Brádaigh

Page 158, Housing (H) Policy 1, in Objective 2 replace '10% of lands' with '25% of private lands'

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 to replace ‘10%’ with ‘30%’. 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 motion proposes to replace ‘10%’ with ‘25% of private lands’. The current legislation requires up to 10% and this is incorporated into the Housing Strategy. In recognising the potential change in law, the objective references a change to the figure but only until such time that the change is adopted.

The motion further emphasis that the percentage relates to private land, but the legislation which this objective refers to does not make such a distinction. To include such text would be unhelpful in meeting the legislative requirements.

Recommendation

It is recommended that this motion is not adopted