Land Development Agency

Table of Contents

Legislative Establishment

The purpose of the Land Development Agency Act 2021 is to give legislative underpinning to the Land Development Agency (LDA), previously established under Establishment Order, S.I. 352 of 2018, as amended by S.I. 603 of 2018.

The Agency is to develop and regenerate relevant public land for the delivery of housing. The Minister for Housing, Local Government and Heritage and Minister for Public Expenditure and Reform shall be shareholders. The Agency is able to form subsidiaries for the purposes of carrying out its functions.

The Agency is able to borrow money for the purposes of undertaking its functions, and the National Treasury Management Agency (Amendment) Act is amended to provide for the capitalisation of the Agency through an investment from the Ireland Strategic Investment Fund (ISIF).

The existing LDA entity, established under a statutory instrument, is dissolved, and its functions, assets, liabilities and staff shall be transferred to the newly established Agency.

Public Land

There is a requirement that a proportion of any housing provided on relevant public land and former relevant public land be made available for affordable housing by the Agency or any other party which acquires such land.

All land within a census town owned by a listed public body is defined as relevant public land. A listed public body” means any of the following:

a local authority;
a person or body specified in Schedule 1 or 2 of the Act

The Agency will provide services to local authorities in order to assist them in the performance of their functions relating to the development of sites for housing and urban development in population centres over 30,000 and will also be a designated development agency under the Planning and Development Act 2000.

The Agency establishes a Register of Relevant Public Land to identify land in urban population centres over 10,000 that can be made available for housing, and the Agency is able to acquire relevant public land at market value by means of being offered first refusal on a proposed sale by the land-owning public body.

The Agency will also periodically report to the Government in relation to public land in the Register, which could be suitable for housing or urban development, and the Government may decide that certain land be transferred to the Agency for such purposes.

Functions of Agency

The Minister may give directions to the Agency in the performance of its functions. The Minister may review the extent to which the Agency has made progress towards achieving its overall purposes based on a report furnished to the Minister by the Agency.

The Land Development Agency is to be independent in carrying out its functions. The main function of the Agency is to develop and manage relevant public land and, where applicable, other lands for the provision of housing for the public good.

to manage and develop certain relevant public land and prepare that land for development and, where necessary or expedient for that purpose, to so manage, develop and prepare other land which is contiguous to relevant public land, or land owned by the Agency, to facilitate the provision of housing for the public good;
to develop housing on relevant public land and, where necessary or expedient for that purpose, other land which is contiguous to relevant public land or land owned by the Agency for the public good;
to manage and to provide housing for rent or purchase;
to ensure or assist in the timely provision of publicly owned infrastructure to service housing or sites being developed for housing on relevant public land and other land;
to develop or facilitate the development of large-scale local authority sites for housing and, where appropriate, mixed-use development and for that purpose, to liaise with any relevant local authority in relation to the appropriate mix of housing in such developments;
to appraise sites, prepare masterplans, prepare planning submissions for developments, make a planning application, or intervene in a planning application made by another person, and obtain development consents, permissions and other approvals,for the purpose of the development of relevant public land and, where necessary or expedient in order for that development to take place, the development of other land;
to take measures to promote the sustainable development of communities and housing, including climate-adaptive, low-carbon and affordable housing that are well served by schools, infrastructure that promotes and facilitates cycling or walking, public transport and public amenities;
to acquire relevant public land;
to acquire and hold other land and to dispose of land owned by the Agency, where to do so is necessary or expedient for the purposes of performing its functions;
to enter into commercial contracts and other commercial arrangements (including joint ventures) with local authorities or other parties for the purposes of performing its functions;
to support the implementation of the National Planning Framework;
to advise the Government, as appropriate, the Minister on the following in support of the implementation of the National Planning Framework: the management and use of relevant public land; the provision of publicly owned infrastructure so that relevant public land and other land which is contiguous to relevant public land or land owned by the Agency can be further developed;
to endeavour, having regard to the policy of the Government on proper planning and sustainable development— to contribute to the economic and social development of the State, and to enhance the competitiveness of the economy of the State, including by encouraging innovation in housing design and construction methods and preparation of masterplans to ensure the effective use of land and, where appropriate, the application of such innovative methods;
to create investment vehicles to facilitate the development of relevant public land and land owned by the Agency;
to enter into commercial arrangements for the development of relevant public land and land that is privately owned in order to achieve the purposes of this Act and to expedite the provision of social and affordable housing.

The Agency is given certain powers to act as a development agency under the Act.

The Freedom of Information Act 2014 applies to the Agency on establishment day and will include records held by the dissolved body.

Schedule 1 Public Bodies

Schedule 1 contains all relevant public bodies, which are deemed to be Schedule 1 public bodies.

A Minister of the Government.
An Education and Training Board established under the Education and Training Boards Act 2013 .
Central Bank of Ireland.
Courts Service.
Digital Hub Development Agency.
Dublin Institute for Advanced Studies.
Enterprise Ireland.
Environmental Protection Agency.
the Garda Síochána.
Grangegorman Development Agency.
Health Service Executive.
Housing and Sustainable Communities Agency.
Industrial Development Agency (Ireland).
An Institute of Technology
Institute of Public Administration.
Prison Service of the Department of Justice which is charged with the management of prisons.
Legal Aid Board.
Marine Institute.
National Archives.
Oberstown Children Detention Campus.
Commissioners of Public Works in Ireland.
Ordnance Survey Ireland.
Sport Ireland.
State Laboratory.
Teagasc – the Agriculture and Food Development Authority.
A technological university.
An tSeirbhís Oideachais Leanúnaigh agus Scileanna.

Schedule 2 Public bodies

Schedule 2 contains all relevant public bodies which are deemed to be Schedule 2 public bodies.

An Post.
Bord na Móna, public limited company.
Coillte Teoranta.
Córas Iompair Éireann.
daa, public limited company.
EirGrid.
Electricity Supply Board.
Ervia.
Home Building Finance Ireland.
Horse Racing Ireland.
Irish Aviation Authority.
Irish National Stud Company, Limited.
Irish Water.
A port company within the meaning of section 7 of the Harbours Act 1996 .
Raidió Teilifís Éireann.
Rásaíocht Con Éireann.
Shannon Airport Authority.
Teilifís na Gaeilge.
Voluntary Health Insurance Board.
A subsidiary of a body referred to in this Schedule, including a subsidiary of such a subsidiary.

SCHEDULE 3

Relevant Public Land

Central Mental Hospital, Dundrum, Co. Dublin
Commissioners of Public Works in Ireland
St Kevin’s Hospital, Shanakiel, Co. Cork
Health Service Executive
Devoy Barracks, Naas, Co. Kildare
Housing and Sustainable Communities Agency
Hackettstown, Skerries, Co. Dublin
Housing and Sustainable Communities Agency
Castlelands, Balbriggan, Co. Dublin
Housing and Sustainable Communities Agency

Governance of Agency

The Agency has a board of between five and ten directors, including a chairperson, each of whom is appointed by the Minister. The Board requires a quorum of three Directors to act. Directors can be appointed up to a maximum of two terms, each term not exceeding 5 years in length.

There is a CEO of the Agency appointed by the Board and with the consent of the Minister. The CEO’s appointment is subject to terms and conditions as determined by the Board with the prior approval of the Minister and the consent of the Minister for Public Expenditure and Reform. The CEO shall at all times be a member of the Board but may not be Chairperson.

The Agency CEO is to give evidence to the Committee of Public Accounts on the matters specified in this section whenever required. If the CEO is unavailable, he or she shall nominate a member of the Board or a senior officer of the Agency to appear on his or her behalf.

The Agency CEO will give evidence to any other Oireachtas Committee on the general administration of the Agency when requested. If the CEO is unavailable, he or she shall nominate a member of the Board or a senior officer of the Agency to appear on his or her behalf.

Staff may be appointed under terms and conditions as determined by the Agency. There is to be a superannuation scheme made by the Agency with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform.

Financial

The shares of the Agency with a total nominal value of €1,000,000 are allotted and issued to the Minster and shares with a total nominal value of €99,000,000 to be allotted and issued to the Minster for Public Expenditure and Reform. The Agency may allot and issue more shares to the Minister for Public Expenditure and Reform from time to time.

The Agency may pay dividends to the Minister and the Minister for Public Expenditure and Reform of the amount decided by the Board of the Agency in consultation with both Ministers.

The Agency and any subsidiary DAC may borrow money subject to the consent of the Minister, in consultation with the Minister for Public Expenditure and Reform, and the consent of the Minister for Finance.

Land Development Agency Act 2021 limits the amount that the Agency can be liable to repay at any given time to €1,250,000,000. It provides for the payment of grants to the Agency from funding provided by the Oireachtas as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines. These grants may be granted to enable the Agency to carry out specific functions as set out.

The Minister for Finance, at the request of the Minister, may direct the NTMA to provide funds to the Agency from the Ireland Strategic Investment Fund (ISIF) on certain terms. The total value of these funds is not to exceed €1,250,000,000 at any one time. There is provision for financing of the Agency by the Housing Finance Agency with the approval of both the Minister and the Minister for Public Expenditure and Reform.

The Agency, or any subsidiary DAC, may not enter into any capital commitment which exceeds a certain amount, without the prior consent of the Minister and the approval of the Minister for Public Expenditure and Reform. An amount may be specified by the Minister with the approval of the Minister for Public Expenditure and Reform.

Subsidiaries

The Agency may establish one or more subsidiary DACs for the purposes of carrying out any one or more of its functions. The formation and winding up of a subsidiary DAC requires the consent of the Minister and the Minister for Public Expenditure and Reform.

The Agency may supply services, including administration, business and support services and staff to a subsidiary DAC. Costs incurred for the provision of such services or staff shall be payable by the subsidiary DAC to the Agency.

Accounts of Agency and Subsidiaries

The Agency and any subsidiary DACs shall prepare statutory financial statements in accordance with the Companies Act in such a form as may be approved by the Minister and the Minister for Public Expenditure and Reform. The Agency and any subsidiary DACs must submit their accounts to the Comptroller and Auditor General for audit within four months after the end of the financial year to which they relate. The audited accounts are presented to the Minister and laid before the Houses of the Oireachtas.

The Agency shall prepare and submit a report on the performance by it and any subsidiary DAC of its functions to the Minister no later than 30 June of each year. The report is laid before the Houses of the Oireachtas. The Minister may, at any time, request a report from the Agency on the performance of its or its subsidiary DAC functions.