Planning and Development Act 2000

Housing strategies and development plans.

95

95.—(1) ( a) In conjunction with the inclusion of the housing strategy in its development plan, a planning authority shall F430 [ , having regard to the overall strategy for the proper planning and sustainable development of the area of the development plan referred to in section 10 , ] ensure that sufficient and suitable land is zoned for residential use, or for a mixture of residential and other uses, to meet the requirements of the housing strategy and to ensure that a scarcity of such land does not occur at any time during the period of the development plan.

( b) A planning authority shall include objectives in the development plan in order to secure the implementation of the housing strategy, in particular, any of the matters referred to in section 94(3) , including objectives requiring that a specified percentage of land zoned solely for residential use, or for a mixture of residential and other uses, be made available for the provision of housing referred to in F431 [ section 94(3)(e) and ] section 94 (4)(a) .

( c) Specific objectives as referred to in paragraph (b) may be indicated in respect of each area zoned for residential use, or for a mixture of residential and other uses, and, where required by local circumstances relating to the amount of housing required as estimated in the housing strategy under section 94(4)(a) , different specific objectives may be indicated in respect of different areas, subject to the specified percentage referred to in section 94(4)(c) not being exceeded.

( d) In order to counteract undue segregation in housing between persons of different social backgrounds, the planning authority may indicate in respect of any particular area referred to in paragraph (c) that there is no requirement for housing referred to in section 94(4)(a) in respect of that area, or that a lower percentage than that specified in the housing strategy may instead be required.

F432 [ (2) Nothing in subsection (1) or section 96 shall prevent any land being developed exclusively for housing referred to in section 94 (4)(a)(i) or (ii) . ]

(3) ( a) The report of the F433 [ chief executive ] under section 15(2) shall include a review of the progress achieved in implementing the housing strategy and, where the report indicates that new or revised housing needs have been identified, the F433 [ chief executive ] may recommend that the housing strategy be adjusted and the development plan be varied accordingly.

( b) The F433 [ chief executive ] of a planning authority shall, where he or she considers that there has been a change in the housing market, or in the regulations made by the Minister under section 100 , that significantly affects the housing strategy, give a report on the matter to the members of the authority and, where he or she considers it necessary, the F433 [ chief executive ] may recommend that the housing strategy be adjusted and the development plan be varied accordingly.

Annotations

Amendments:

F430

Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 32, S.I. No. 364 of 2015.

F431

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

F432

Substituted (3.09.2021) by Affordable Housing Act 2021 (25/2021), s. 45, S.I. No. 450 of 2021.

F433

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 58, S.I. No. 436 of 2018.

Editorial Notes:

E228

Variation of housing services plan in context of adjustment of a housing strategy pursuant to subs. (3) provided for by Housing (Miscellaneous Provisions) Act 2009 (22/2009), s. 17(1), not commenced as of date of revision.