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Planning and Development Act 2000 Planning and Development (Amendment) Act 2002 Part V Social and Affordable Housing Development Plans / Local Area Plans in force which have land zoned for residential or mixed use and to which the terms of Part V of the Planning and Development Act 2000 (as amended) apply.
- Abbeyfeale
- Adare
- Askeaton
- Caherdavin
- Cappamore
- Castleconnell
- Castletroy
- Croom
- Fedamore
- Hospital
- Kilfinnane
- Kilmallock
- Montpelier
- Newcastle West
- Patrickswell
- Rathkeale
- Southern Environs
Where applications for planning permission for a single house or for multiple house developments are made within an area that is zoned for residential or mixed use the following documentation must be submitted to the Planning Authority to ensure its validity.
In the case of a housing development consisting of 1,2,3 or 4 houses or on a site measuring 0.1 Hectares or less:
A Certificate of exemption issued by the Planning Authority in accordance with Section 97 of the 2000 Act (as amended), or if such certificate has been applied for but not issued, a copy of the application made for such a certificate.
In the case of a housing development consisting of 5 or more houses:
A proposal specifying how the applicant for permission proposes to comply with the requirements of Part V of the 2000 Act (as amended by the 2002 Act) in relation to the provision of social and affordable housing.
Housing Strategy Requirements
Limerick County Council’s Housing Strategy requires 20% social/affordable housing. This is broken down 10% affordable 10% social in the environs of County Limerick and 15% affordable 5% social in the rest of the County.
Options to Comply with Part V Requirement.
The 2002 Amendment Act gives the following options for developers:
Developers can opt for the transfer of dwellings, sites or land on the site of the application.
Developers can (subject to this satisfying the Local Authority) opt for the transfer of dwellings or sites or land elsewhere in County Limerick.
Developers can (subject to this satisfying the Local Authority) opt to comply in part or full by means of a financial contribution.
Developers can opt for a combination of all of the above (again subject to this satisfying the Local Authority).
In considering whether to enter into such an agreement the Council has to consider each of the following:
- whether such an agreement will contribute effectively and efficiently to the achievement of the objectives of the Housing Strategy;
- whether such an agreement will constitute the best use of resources available to it to ensure an adequate supply of housing and any financial implications of the agreement for its functions as a housing authority
- the need to counteract undue segregation in housing between persons of different social background in the area of the authority.
- whether such an agreement is in accordance with the provisions of the development plan
- the time within which social and affordable housing is likely to be provided as a consequence of the agreement
- the proper planning and sustainable development of the area to which the application relates
- the need to ensure the overall coherence of the development to which the application relates, where appropriate, and the views of the applicant in relation to the impact of the agreement on the development
The above requirements are in addition to the other statutory requirements which determine the validity of an application for planning permission.
A meeting on any aspect of the Planning and Development Acts 2000-2002 relating to the provision of Social and Affordable housing can be arranged with Mr Christy O’Connor, Senior Executive Officer, Planning and Development, Limerick County Council, at 061 49 63 47, or email planning@limerickcoco.ie
In the case of Part V proposals it is recommended that the applicant would meet with the Senior Executive Officer prior to submission of any Part V proposal.
These guidelines do not purport to be a legal interpretation of the relevant sections of the Acts or of any Regulations made under the Acts.
Planning & Development Acts 2000-2002 Part V Social & Affordable Housing
Information required to assist in the preparation of the Part V Agreement between the Planning Authority and the Applicant. The information is required in order to initiate the process of preparing a Part V proposal.
Note: This does not replace the requirement to submit a formal Part V proposal which must accompany the full planning application.
- Location Map (to scale 1:1000) – 3 copies. Outline in green the total parcel of land originally purchased. Outline in red the applicant site.
- Site layout drawing (to scale 1:500) – 3 copies.
- Date on which land was purchased (whether by itself or as part of a larger parcel of land)
- Amount paid for total parcel of land.
- Area of original parcel of land. Area of applicant site. • Relevant extract from Contract of sale should be made available.
- Current Certificate of market valuation in respect of the applicant site. (Certificate to be dated within one month of submission to Council)
- Current valuation as development land and
- Current valuation of the land at existing use value as at time of purchase.
- Valuation should be completed by a qualified person.
- Number of housing units to be provided on applicant site.
- Housing density (net) proposed (Houses/Ha).
Contact Christy O’Connor, Limerick County Council Phone 061 49 63 47
These guidelines do not purport to be a legal interpretation of the relevant sections of the Acts or of any of the Regulations made under the Acts.
Further information on Part V is set out in ‘Pre-Planning Consultation and Information on Part V Agreements’ (June 2005) Under the Planning and Development Regulations, 2001 to 2005 planning applications for residential development (which is not exempt) are required to include proposals relating to the compliance with the Housing Strategy. Failure to include such proposals will lead to the application being rejected as invalid.
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