Housing (Miscellaneous Provisions) Act 2002

22

22.Section 25 of the Dublin Docklands Development Authority Act, 1997 , is amended—

( a) in subsection (7)—

(i) in paragraph ( a), by substituting “paragraph ( b) and ( c)” for “paragraph ( b)”, and

(ii) by inserting the following after paragraph ( b):

“( c) For the avoidance of doubt, a certificate issued under paragraph ( a)(ii) may include the following:

(i) in the case of a development wholly or partly for the provision of housing, a condition requiring that a percentage, not being more than 20 per cent, specified in the certificate, of houses being provided for in the development to which the certificate relates shall be provided for social or affordable housing;

(ii) a condition requiring the payment of a contribution towards any expenditure that has been, is being, or is intended to be incurred, by or on behalf of—

(I) Dublin City Council, in respect of the provision of public infrastructure and facilities that benefit or facilitate development in the area to which the planning scheme concerned relates;

(II) the Authority, in respect of the provision of public infrastructure and facilities in accordance with its functions under section 18 or to give effect to the master plan or the planning scheme concerned;

(iii) a condition relating to any matter which the Authority considers is in furtherance of the master plan or a planning scheme.”,

and

( b) by inserting the following after subsection (7):

“(8) In this section—

‘house’ includes any building or part of a building used or suitable for use as a dwelling and any outoffice, yard, garden or other land appurtenant to or usually enjoyed with that building or part of a building, and, where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building, and ‘housing’ shall be read accordingly;

‘the provision of public infrastructure and facilities’ means—

( a) the acquisition of land,

( b) the provision of open spaces, recreational and community facilities and amenities and landscaping works,

( c) the provision of roads, places for the parking of vehicles, bridges, sewers, waste water and water treatment facilities, drains and watermains,

( d) the provision of bus corridors and bus lanes, bus interchange facilities (including car parks for those facilities), rail and light rail transport and any other infrastructure to facilitate public transport,

( e) the provision of cycle and pedestrian facilities and traffic calming measures,

( f) the refurbishment, upgrading, enlargement or replacement of roads, places for the parking of vehicles, bridges, sewers, waste water and water treatment facilities, drains or watermains, and

( g) any matters ancillary to paragraphs ( a) to ( f).”.