77. (1) The Minister may by order, set a percentage of housing higher or lower than the specified percentage, up to a maximum of 80 per cent, for the purposes of an agreement under section 75(3) and may set different percentages in respect of different geographical or administrative areas.

(2) For the purposes of setting a percentage in relation to an area under subsection (1) the Minister shall have regard to the likely future demand for cost rental dwellings and dwellings for sale in the State and to the following matters in relation to the area concerned:

(a) the percentage of housing that will most effectively serve the purposes of this Act;

(b) the need for housing and the availability of housing, in terms of overall scale, type and tenure;

(c) the need to counteract segregation in housing between persons of different social background;

(d) housing strategies developed by the local authority concerned;

(e) the particular demands and requirements of housing;

(f) the particular need for dwellings for sale or rent under Parts 2 or 3 of the Affordable Housing Act 2021;

(g) the cost of housing;

(h) the cost of site development.

(3) An order under subsection (1) shall apply only to land that is relevant public land on the day on which such order comes into force.