Planning and Development Act 2000

Housing strategies.

94

94.—(1) (a) Each planning authority shall include in any development plan it makes in accordance with section 12 a strategy for the purpose of ensuring that the proper planning and sustainable development of the area of the development plan provides for the housing of the existing and future population of the area in the manner set out in the strategy.

(b)  (i) Subject to subparagraph (ii), any development plan made by a planning authority after the commencement of this section shall include a housing strategy in respect of the area of the development plan.

(ii) Where before the commencement of this section a planning authority has given notice under section 21A(2) (inserted by the Act of 1976) of the Act of 1963 of a proposed amendment of a draft development plan, it may proceed in accordance with section 266 without complying with subparagraph (i), but where a development plan is so made, the planning authority shall take such actions as are necessary to ensure that, as soon as possible and in any event within a period of 9 months from the commencement of this section, a housing strategy is prepared in respect of the area of the development plan and the procedures under section 13 are commenced to vary the development plan in order to insert the strategy in the plan and to make such other changes as are necessary arising from the insertion of the strategy in the plan pursuant to this Part.

(c) A planning authority shall take such actions as are necessary to ensure that, as soon as possible and in any event within a period of 9 months from the commencement of this section, a housing strategy is prepared in respect of the area of the development plan and the procedures under section 13 are commenced to vary the development plan in order to insert the strategy in the plan and to make such other changes as are necessary arising from the insertion of the strategy in the plan pursuant to this Part.

(d) A housing strategy shall relate to the period of the development plan or, in the case of a strategy prepared under paragraph (b)(ii) or paragraph (c), to the remaining period of the existing development plan.

(e) A housing strategy under this section may, or pursuant to the direction of the Minister shall, be prepared jointly by 2 or more planning authorities in respect of the combined area of their development plans and such a joint strategy shall be included in any development plan that relates to the whole or any part of the area covered by the strategy and the provisions of this Part shall apply accordingly.

F417[(2) In preparing a housing strategy, a planning authority shall

(a) have regard to the most recent summary of social housing assessments prepared under section 21(a) of the Housing (Miscellaneous Provisions) Act 2009 that relate to the area of the development plan,

(b) consult with any body standing approved of for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 in its functional area, and

(c) have regard to relevant policies or objectives for the time being of the Government or any Minister of the Government that relate to housing and, in particular, social integration in the provision of housing services.]

(3) A housing strategy shall take into account—

(a) the existing need and the likely future need for housing to which subsection (4)(a) applies,

(b) the need to ensure that housing is available for persons who have different levels of income,

(c) the need to ensure that a mixture of house types and sizes is developed to reasonably match the requirements of the different categories of households, as may be determined by the planning authority, and including the special requirements of elderly persons and persons with disabilities, F418[]

(d) the need to counteract undue segregation in housing between persons of different social backgrounds F419[, and]

F420[(e) the existing need and the likely future need for housing, in particular houses and duplexes, for purchase by intending owner-occupiers.]

(4) (a) A housing strategy shall include an estimate of the amount of—

F421[(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, F422[]]

F424[(ii) housing for eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021, and]

F425[(iii) cost rental housing,]

required in the area of the development plan during the period of the development plan and the estimate may state the different requirements for different areas within the area of the development plan.

(b) F426[]

F424[(c) Subject to paragraph (d), a housing strategy shall provide that as a general policy a specified percentage, not being more than 20 per cent, of—

(i) the land zoned for residential use, or for a mixture of residential and other uses, and

(ii) any land which is not zoned for residential use, or for a mixture of residential and other uses, but in respect of which permission for the development of houses is granted,

shall be reserved under this Part for the provision of housing for the purposes of one or more of subparagraphs (i), (ii) and (iii) of paragraph (a).]

F424[(d) Paragraph (c) shall not operate to prevent any person (including a local authority) from using more than 20 per cent of land in respect of which permission for the development of houses is granted for the provision of housing to which paragraph (a) applies.]

(5) (a) When making an estimate under subsection (4)(a)(ii), the planning authority shall have regard to the following:

(i) the supply of and demand for houses generally, or houses of a particular class or classes, in the whole or part of the area of the development plan;

(ii) the price of houses generally, or houses of a particular class or classes, in the whole or part of the area of the development plan;

(iii) the income of persons generally or of a particular class or classes of person who require houses in the area of the development plan;

(iv) the rates of interest on mortgages for house purchase;

(v) the relationship between the price of housing under subparagraph (ii), incomes under subparagraph (iii) and rates of interest under subparagraph (iv) for the purpose of establishing the affordability of houses in the area of the development plan;

F427[(va) F428[]]

(vi) such other matters as the planning authority considers appropriate or as may be prescribed for the purposes of this subsection.

(b) Regulations made for the purposes of this subsection shall not affect any housing strategy or the objectives of any development plan made before those regulations come into operation.

F429[(6) (a) When making an estimate under subsection (4)(a)(iii), the planning authority shall have regard to the following:

(i) the supply of and demand for houses for rent in the whole or part of the area of the development plan;

(ii) the cost of rents applicable to houses generally, or to houses of a particular class or classes, in the whole or part of the area of the development plan;

(iii) the income of persons generally, or of a particular class or classes of person, who require houses for rent in the area of the development plan;

(iv) the relationship between the cost of rents referred to in subparagraph (ii) and incomes referred to in subparagraph (iii) for the purpose of establishing the affordability of housing for rent in the area of the development plan;

(v) such other matters as the planning authority considers appropriate or as may be prescribed for the purposes of this subsection.

(b) Regulations made for the purposes of this subsection shall not affect any housing strategy or the objectives of any development plan made before those regulations come into operation.

(7) Where on the date on which this subsection comes into operation a development plan includes a housing strategy—

(a) the chief executive of the planning authority shall, for the purpose of the performance by a planning authority of its functions under this Part, make an estimate of the amount of housing referred to in subparagraphs (ii) and (iii) of subsection (4)(a) required in the area of the development plan during the period of the development plan,

(b) such estimate may state the different requirements for housing for different areas within the area of the development plan, and

(c) such estimate shall be deemed to be included in the housing strategy concerned.]

F420[(8) Where on the date on which this subsection comes into operation a development plan includes a housing strategy—

(a) the chief executive of the planning authority shall, for the purpose of the performance by a planning authority of its functions under this Part, make an estimate of the amount of housing referred to in subsection (3)(e) required in the area of the development plan during the period of the development plan,

(b) such estimate may state the different requirements for housing for different areas within the area of the development plan, and

(c) such estimate shall be deemed to be included in the housing strategy concerned.]

Annotations

Amendments:

F417

Substituted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 31, S.I. No. 364 of 2015.

F418

Deleted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(I), S.I. No. 715 of 2021.

F419

Substituted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(II), S.I. No. 715 of 2021.

F420

Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 7(a)(i)(III), (ii), S.I. No. 715 of 2021.

F421

Substituted (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, part 7, item no. 2(a) and (b)(i), S.I. No. 83 of 2011.

F422

Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(I), (b), S.I. No. 450 of 2021.

F423

Substituted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(i), S.I. No. 350 of 2018.

F424

Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(II), (ii), (iii), S.I. No. 450 of 2021.

F425

Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(a)(i)(III), S.I. No. 450 of 2021.

F426

Deleted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(ii), S.I. No. 350 of 2018.

F427

Inserted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item no. 2(c), S.I. No. 350 of 2018.

F428

Deleted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(b), S.I. No. 450 of 2021.

F429

Inserted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 44(c), S.I. No. 450 of 2021.

Editorial Notes:

E225

Previous affecting provision: subs. (4)(a)(ii) subsituted (12.09.2018) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2 part 7 item 2(b)(i), S.I. No. 350 of 2018; substituted as per F-note above.

E226

Previous affecting provision: subs. (4)(c), (d) amended (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 31, S.I. No. 364 of 2015; substituted as per F-note above.

E227

Previous affecting provision: subs. (2) amended (1.04.2011) by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 8 and sch. 2, part 7 item no. 2(a), S.I. No. 83 of 2011; substituted as per F-note above.