Housing Conditions

Housing Strategies

As set out in other sections, local authorities must prepare a housing strategy for their area. Its policies and objectives must be incorporated in the development plan. The housing strategy incorporates the social and affordable housing provisions in the Planning and Development Act 2000 as amended.

Planning authorities are obliged to estimate present and future housing demand within their area and to ensure there is sufficient zoned and serviced land. They are to have regard to the social housing assessment and to government policies relating to housing. There to consult with housing bodies.

Up to 10 (formerly 20 and (20 again) percent of the land zoned for residential use or mixed residential or other uses, may be designated for social and affordable housing. The designation is decided by the elected members of foot of the strategy prepared by the chief executive.

Housing strategies must be updated every six years. They can be updated and reviewed more regularly if the chief executive decides it is appropriate and recommends to the elected members accordingly.

Compliance with Strategy

Where land is the subject of an application including residential development it must include proposals to comply with the housing strategy. It it qualifies for exemption, an exemption certificate must be applied for and obtained.

The following are excluded from the requirement to comply;

• erection of houses for letting by an approved body under the Housing Acts
• conversion or reconstruction of an existing building to provide one or more buildings where at least 50% of the fabric of the original building is retained
• works to an existing house

Certificate of Exemption

Certificate of exemption may be granted where the land is zoned residential and / or mixed residential and other uses but consists of not more than nine houses or is on 0.1 ha or less. Where the applicant or associated persons acting in concert have received exemptions under these grounds within the previous five years or benefited from them, the exemption is not granted. A second exemption may be granted in limited circumstances.

The planning authority must grant the certificate or refuse it within four weeks or where additional information is requested, within four weeks of receipt of that information. Where it is not granted within the time limit it is deemed to be granted.

Compliance Options

An applicant for planning permission is obliged to specify how it will comply with the housing strategy. Formerly under the 2002 Act there were a number of alternatives including

• transfer of land to the planning authorities/local authority
• transfer of serviced sites
• transfer of houses or
• in some circumstances payment of an equivalent value of the land value.

Following legislation in 2010 the possibilities for compliance included

• transfer of ownership of other land within the council’s area
• transfer of houses on other land within the council’s area
• transfer of serviced sites on other land within the council’s area
• payment of an agreed amount to the council
• entry of rental accommodation availability agreement.
• lease to the planning authority of houses on land the subject of the application or the land within the council’s area
• a combination of certain of the above provided the value is equivalent to that if land was transferred alone.

The 2015 legislation removed many of these options and provides

• the options as follows transfer of land within the site of the planning application
• transfer of houses within the site of the planning application
• transfer of houses and other land in the councils area
• grant of a lease to the planning authority of houses within the site of the planning application
  or the councils area
• combination of transfer of land or one or more of the other options

Compliance with Requirement

The legislation provides for calculation of the sum at which the planning authority may acquire the relevant land. It is the original use value, whihc is the value . prior to zoning. Allowance is made for the legal planning and other costs cost associated with acquisition and preparation of the application

The default and only option which can be required is the transfer of undeveloped land. The other options must be agreed or the developer must indicate willingness to fulfil the requirements in this way. The developer must specify how it is to fulfil its options at the planning stage.

The value of the planning gain if there was a transfer of land at pre-zoning use value, determines the value of the other options..A purchase before 1999 when the legislation was first notified, is based on the price paid or agreed to be paid or such amount in respect of interest in the property as an arbitrator may designate

Where the purchase is after August 25, 1999 the payment is based on the existing use value. This assumes no development is possible except exempted development. Zoning is ignored.The amount paid for houses is based on the sum payable for the land and normal construction and development costs including profit costs which the local authority would have incurred if it had developed the house itself.

Part V Agreement

The planning permission will generally require the developer to enter an agreement to fulfil the requirements of Part V of the Act. The applicant is to specify how the requirements are proposed to be met.

The applicant is obliged to submit information on the value and method of calculation of land value, site costs, normal construction and development costs profits and other relevant costs as are appropriate to the application.

Further information can be sought in relation to these matters. In practice an agreement is usually necessary to give effect to the requirements.