COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, May 09, 2022

QUESTION NO. 3

QUESTION: Councillor Yvonne Collins

To ask the Chief Executive, where planning permission is granted for a development to build to sell and the developer subsequently opts to retain the units and rent them, what if any impact does this have on the Council's entitlements under Part V - noting the Council's preference is to acquire properties rather than leasing them

REPLY:

Subject to negotiation and final agreement with relevant developers and approvals from the Department of Housing, Local Government and Heritage, the Council may agree any of the transfer of completed houses on-site, the transfer of houses off-site, the leasing of houses on- or off-site or combinations of those options including transfer of on-site land to satisfy the requirement for the delievry of social and affordable housing through Part V of the Planning & Development Act, 2000, as amended.

This Council's starting position in respect of negotiations on delivery of social homes through Part V is a stated preference to acquire the relevant homes directly or through an Approved Housing Body but there are certain limited circumstances where this may not transpire and in these instances the Council and the relevant developer will negoatiate to agree one of the alternative options that is acceptable to both parties.

Generally, where the planning permission is granted for build-to-sell homes within a development there should be no impact on the Council's entitlements under Part V which are confirmed in formal agreements made following negotiation with developers.  Where an approved planning permission stipulates that a development is build-to-rent, negotiations on Part V options may be more challenging and in some such instances the Council will utilise the same mechanism (application of a net monetary value reduction) as when purchasing homes under Part V to lease the required percentage of units in the development at cost price.

Separately, where there is an opportunity to yield additional social homes in a development by way of long-term leasing than would ordinarily be achieved through purchase under Part V, consideration may be given by the Council to such proposals within the context of social housing delivery targets for this Council under Housing for All for different delivery streams, value for money, tenure mix/social integration and various other relevant factors.