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(Statutory Declaration)
Certain types of residential development are completely exempt from the requirement to comply with
Part V of the Planning and Development Act 2000 (Housing Strategy).
These are, as follows:
1. Developments of social housing for letting by an approved housing body
2. Conversions of buildings to housing where at least 50% of the external part of the building is being retained, or 3. The carrying out of works to an existing house.
4. Housing on land which is not zoned.
There is no requirement for an Exemption Certificate in respect of the above developments.
Exemption Certificates for small scale housing developments, developments of 4 or fewer dwelling units, or of any number of units on land of 0.1 hectares or less (approximately ¼ acre) may be exempt from the social/affordable housing requirements of Part V on application to the planning authority.
An application for an exemption certificate must be accompanied by a statutory declaration in which the applicant must declare, for example, details in relation to ownership of land.
It is necessary to apply for an exemption certificate before an application for permission is submitted (outline or full) to the planning authority. A separate application form is available for this purpose, from the offices of the planning authority.
Proposals on Social and Affordable Housing must be submitted with Planning Applications.
Every applicant for permission for residential development on zoned land, other than for the development of 1, 2, 3 or 4 dwellings or for housing on land of 0.1 hectares or less, on land zoned for residential or mixed use, must specify in the planning application how he or she proposes to comply with the housing strategy in relation to the development for which the permission is being sought.
The information to be included in these proposals should show how the prospective applicant for permission intends meeting the requirements of the housing strategy, having regard to the various
options for an agreement between the Developer and the Planning Authority such as;
- The transfer of completed dwellings on the site the subject of the application.
- The transfer of fully or partially serviced sites on the site which is the subject of the application.
- The transfer of a portion of the site which is the subject of the application.
- The transfer of completed dwellings at another location.
- The transfer of serviced sites at another location.
- The transfer of land at another location.
- The combination of the transfer of land which is the subject of the application and doing one or more of the proposals referred to in items 1,2,3,4,5,6 & 9.
- The combination of the doing two or more things referred to in priorities 1,2,3,4,5,6, & 9
- The payment of monetary amount.
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**
DISCLAIMER: The above information is not a legally binding interpretation of the contents of the Housing Strategy. Reference should be made to the detailed content of the current Housing Strategy
for County Limerick.
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