34. (1) Section 96 (as amended by section 33) of the Act of 2000 is amended—

(a) by inserting after subsection (3)(b)(iva) (inserted by section 33(1)(b)(iii)) the following:

“(ivb) the entry into a rental accommodation availability agreement (which term shall, in this section, have the meaning given to it by section 2 of the Housing (Miscellaneous Provisions) Act 2009) with the planning authority, under Part 2 of that Act, in respect of houses on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority, of such number and description as may be specified in the agreement,”,

(b) in subsection (3)(b)(viii) (inserted by section 33(1)(b)(v)), by substituting “(ivb)” for “(iva) ”,

(c) in subsection (3)(b) (as amended by section 33(1)(b)(vi)), by substituting “or of an agreement referred to in paragraph (ivb) (excluding any reduction for maintenance, management and void periods specified in such lease or such agreement)” for “(excluding any reduction for maintenance, management and void periods specified in such lease)”,

(d) in subsection (3)(f), by inserting “or rental accommodation availability agreement” after “or to be the subject of a lease”, and

(e) in subsection (7)(a)(ia) (inserted by section 33(1)(g)), by inserting “or (ivb)” after “in the case of an agreement referred to in subsection 3(b)(iva) ”.

(2) Where, on the date of the coming into operation of subsection (1), a permission has been granted subject to a condition referred to in section 96(2) of the Act of 2000 but a commencement notice within the meaning of Part II of the Building Control Regulations 1997 has not been lodged, any existing agreement under section 96 of the Act of 2000 may be amended prior to the lodgement of such commencement notice with the consent of all parties to such agreement provided that the agreement so amended complies with the provisions of section 96 on the date on which the agreement is amended.

(3) Part V of the Act of 2000 applies to an agreement amended in accordance with subsection (2).