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30 2000

PLANNING AND DEVELOPMENT ACT, 2000

PART V

Housing Supply

Interpretation.

93. —(1) In this Part—

“accommodation needs” means the size of the accommodation required by an eligible person determined in accordance with the regulations made by the Minister under section 100 (1)(a);

“affordable housing” means houses or land made available, in accordance with section 96 (9) or (10), for eligible persons;

“eligible person” means, subject to subsection (3) and to the regulations, if any, made by the Minister under section 100 (1)(b), a person who is in need of accommodation and whose income would not be adequate to meet the payments on a mortgage for the purchase of a house to meet his or her accommodation needs because the payments calculated over the course of a year would exceed 35 per cent of that person's annual income net of income tax and pay related social insurance;

“housing strategy” means a strategy included in a development plan in accordance with section 94 (1);

“market value”, in relation to a house, means the price which the unencumbered fee simple of the house would fetch if sold on the open market;

“mortgage” means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house.

(2) For the purposes of this Part, the accommodation needs of an eligible person includes the accommodation needs of any other person who might reasonably be expected to reside with the eligible person.

(3) In determining the eligibility of a person for the purposes of this Part, the planning authority shall take into account—

(a) half the annual income, net of income tax and pay related social insurance, of any other person who might reasonably be expected to reside with the eligible person and contribute to the mortgage payments, and

(b) any other financial circumstances of the eligible person and any other person who might reasonably be expected to reside with the eligible person and contribute to the mortgage payments.

(4) For the avoidance of doubt, it is hereby declared that, in respect of any planning application or appeal, compliance with the housing strategy and any related objective in the development plan shall be a consideration material to the proper planning and sustainable development of the area.

Housing strategies.

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.

(2) In preparing a housing strategy, a planning authority shall have regard to the most recent housing assessment or assessments made under section 9 of the Housing Act, 1988 , that relate to the area of the development plan.

(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, and

(d) the need to counteract undue segregation in housing between persons of different social backgrounds.

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

(i) housing for persons referred to in section 9(2) of the Housing Act, 1988 , and

(ii) affordable 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) For the purpose of making an estimate under paragraph (a)(ii), a planning authority may exclude eligible persons who own or have previously owned a house.

(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 the land zoned for residential use, or for a mixture of residential and other uses, shall be reserved under this Part for the provision of housing for the purposes of either or both subparagraphs (i) and (ii) of paragraph (a).

(d) Paragraph (c) shall not operate to prevent any person (including a local authority) from using more than 20 per cent. of land zoned for residential use, or for a mixture of residential and other uses, 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;

(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.

Housing strategies and development plans.

95. —(1) (a) In conjunction with the inclusion of the housing strategy in its development plan, a planning authority shall 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 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.

(2) Nothing in subsection (1) 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 manager 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 manager may recommend that the housing strategy be adjusted and the development plan be varied accordingly.

(b) The manager 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 manager may recommend that the housing strategy be adjusted and the development plan be varied accordingly.

Provision of social and affordable housing, etc.

96. —(1) Subject to subsection (14) and section 97 , where a development plan objective requires that a specified percentage of any land zoned solely for residential use, or for a mixture of residential and other uses, be made available for housing referred to in section 94 (4)(a), the provisions of this section shall apply to an application for permission for the development of houses, or where an application relates to a mixture of development, to that part of the application which relates to the development of houses, in addition to the provisions of section 34 .

(2) A planning authority, or the Board on appeal, may require as a condition of a grant of permission that the applicant, or any other person with an interest in the land to which the application relates, enter into an agreement with the planning authority, concerning the development for housing of land to which a specific objective applies in accordance with section 95 (1)(b).

(3) (a) An agreement under this section may provide for—

(i) the transfer to the planning authority of the ownership of the land required by the agreement to be reserved for the provision of housing referred to in section 94 (4)(a),

(ii) instead of the transfer of land referred to in subparagraph (i), the building and transfer, on completion, to the planning authority, or to persons nominated by the authority in accordance with this Part, of houses of such number and description as may be specified in the agreement at a price determined on the basis of—

(I) the site cost of the houses being calculated as if it was equal to the cost of land transferred to the authority under subparagraph (i), and

(II) the building and attributable development costs as agreed between the authority and the developer, including profit on the costs,

or

(iii) instead of the transfer of land referred to in subparagraph (i), the transfer of such number of fully or partially serviced sites as the agreement may specify to the planning authority, or to persons nominated by the authority in accordance with this Part, at a price determined on the basis of—

(I) the site cost of the sites being calculated as if it was equal to the cost of land transferred to the authority under subparagraph (i), and

(II) the attributable development costs as agreed between the authority and the developer, including profit on the costs.

(b) Where an agreement provides for the transfer of land, houses or sites in accordance with paragraph (a), the houses or sites or the land, whether in one or more parts, shall be identified in the agreement.

(c) In so far as it is known at the time of the agreement, the planning authority shall indicate to the applicant its intention in relation to the provision of housing, including a description of the proposed houses, on the land or sites to be transferred in accordance with paragraph (a)(i) or (iii).

(d) Nothing in this subsection shall be construed as requiring the applicant or other person to enter into an agreement to transfer houses or sites in accordance with subparagraphs (ii) or (iii) of paragraph (a) instead of transferring land in accordance with subparagraph (i) of that paragraph.

(e) For the purposes of an agreement under paragraph (a), the planning authority shall have regard to—

(i) the proper planning and sustainable development of the area to which the application relates,

(ii) the housing strategy and the specific objectives of the development plan which relate to the implementation of the strategy,

(iii) the need to ensure the overall coherence of the development to which the application relates, and

(iv) the views of the applicant in relation to the impact of the agreement on the development.

(f) Government guidelines on public procurement shall not apply to an agreement made under paragraph (a)(ii) or (iii), except in the case of an agreement which is subject to the requirements of Council Directive No. 93/37/EEC(1) on the co-ordination of procedures relating to the award of Public Works Contracts and any directive amending or replacing that directive.

(4) An applicant for permission shall, when making an application to which this section applies, specify the manner in which he or she would propose to comply with a condition to which subsection (2) relates, were the planning authority to attach such a condition to any permission granted on foot of such application, and where the planning authority grants permission to the applicant subject to any such condition it shall have regard to any proposals so specified.

(5) In the case of a dispute in relation to any matter which may be the subject of an agreement under this section, other than—

(a) a dispute in relation to an agreement under subsection (3)(a)(ii) or (iii),

(b) a dispute as to the amount of compensation payable under subsection (6), or

(c) a dispute as to the sum payable to a planning authority under subsection (12),

the matter may be referred by the planning authority or any other prospective party to the agreement to the Board for determination.

(6) Where ownership of land is transferred to a planning authority pursuant to subsection (3)(a)(i), the planning authority shall, by way of compensation, pay to the owner of the land a sum equal to—

(a) (i) in the case of—

(I) land purchased by the applicant before 25 August 1999, or

(II) land purchased by the applicant pursuant to a legally enforceable agreement entered into before that date or in exercise of an option in writing to purchase the land granted or acquired before that date,

the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon (including, in circumstances where there is a mortgage on the land, interest paid in respect of the mortgage) as may be determined by the property arbitrator,

(ii) in the case of land the ownership of which was acquired by the applicant by way of a gift or inheritance taken (within the meaning of the Capital Acquisitions Tax Act, 1976 ) before 25 August 1999, a sum equal to the market value of the land on the valuation date (within the meaning of that Act) estimated in accordance with section 15 of that Act,

(iii) in the case of—

(I) land purchased before 25 August 1999, or

(II) land purchased pursuant to a legally enforceable agreement to purchase the land entered into before that date, or in exercise of an option, in writing, to purchase the land granted or acquired before that date,

(where the applicant for permission is a mortgagee in possession of the land) the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon calculated from that date (including any interest accruing and not paid in respect of the mortgage) as may be determined by the property arbitrator,

or

(b) the value of the land calculated by reference to its existing use on the date of the transfer of ownership of the land to the planning authority concerned on the basis that on that date it would have been, and would thereafter have continued to be, unlawful to carry out any development in relation to that land other than exempted development,

whichever is the greater.

(7) (a)   Subject to paragraph (b), a property arbitrator appointed under section 2 of the Property Values (Arbitration and Appeals) Act, 1960, shall (in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919), in default of agreement, fix the following where appropriate:

(i) the number and price of houses to be transferred under subsection (3)(a)(ii);

(ii) the number and price of sites to be transferred under subsection (3)(a)(iii);

(iii) the compensation payable under subsection (6) by a planning authority to the owner of land;

(iv) the sum payable to a planning authority under subsection (12); and

(v) the allowance to be made under section 99 (3)(d)(i).

(b)   For the purposes of paragraph (a), section 2(2) of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall not apply and the value of the land shall be calculated on the assumption that it was at that time and would remain unlawful to carry out any development in relation to the land other than exempted development.

(c)   Section 187 shall apply to compensation payable under subsection (6).

(8) Where it is a condition of the grant of permission that an agreement be entered into in accordance with subsection (2) and, because of a dispute in respect of any matter relating to the terms of such an agreement, the agreement is not entered into before the expiration of 8 weeks from the date of the grant of permission, the applicant or any other person with an interest in the land to which the application relates may—

(a) refer to the Board any dispute to which subsection (5) applies, or

(b) refer to the property arbitrator—

(i) any dispute to which subsection (3)(a)(ii) or (iii) relates,

(ii) any dispute as to the amount of compensation payable under subsection (6), or

(iii) any dispute as to the sum payable to a planning authority under subsection (12),

and the Board or the property arbitrator, as may be appropriate, shall determine the matter as soon as practicable.

(9) (a) Where ownership of land or sites is transferred to a planning authority in accordance with subsection (3)(a)(i) or (iii), the authority may—

(i) provide or arrange for the provision of, houses on the land or sites for persons referred to in section 94 (4)(a),

(ii) make land or sites available to those persons for the development of houses by them for their own occupation, or

(iii) make land or sites available to a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 , for the provision of houses on the land for persons referred to in section 94 (4)(a).

(b) Pending the provision of houses or sites in accordance with paragraph (a)(i), or the making available of land or sites in accordance with paragraph (a)(ii) or (iii), the planning authority shall maintain the land or sites in a manner which does not detract, and is not likely to detract, to a material degree from the amenity, character or appearance of land or houses in the neighbourhood of the land or sites.

(10) (a) Where a house is transferred to a planning authority or its nominees under subsection (3)(a)(ii), it shall be used for the housing of persons to whom section 94 (4)(a) applies.

(b) A nominee of a planning authority may be a person referred to in section 94 (4)(a) or a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 , for the provision of housing for persons referred to in section 94 (4)(a).

(11) Notwithstanding any provision of this or any other enactment, if a planning authority becomes satisfied that land, a site or a house transferred to it under subsection (3) is no longer required for the purposes specified in subsection (9) or (10), it may use the land, site or house for another purpose connected with its functions or sell it for the best price reasonably obtainable and, in either case, it shall pay an amount equal to the market value of the land, site or house or the proceeds of the sale, as the case may be, into the separate account referred to in subsection (13).

(12) (a) Where for reasons of the size, shape or other attribute of the site, the planning authority, or the Board on appeal, considers that an agreement under subsection (3) is not practical, the planning authority, or the Board on appeal, may as a condition of a grant of permission in accordance with section 34 require the payment to the planning authority of an amount equivalent in value to a transfer of land to the authority under paragraph (a) of subsection (3).

(b) The condition specified in paragraph (a) shall provide that the sum shall be agreed between the planning authority and the person to whom the permission is granted and that in default of agreement the sum shall be fixed by a property arbitrator in accordance with subsection (7).

(13) Any amount referred to in subsection (11) and any amount paid to a planning authority in accordance with subsection (12) shall be accounted for in a separate account and shall only be applied as capital for its functions under this Part or by a housing authority for its functions in relation to the provision of housing under the Housing Acts, 1966 to 1998.

(14) This section shall not apply to applications for permission for—

(a) development consisting of the provision of houses by a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992 , for the provision of housing for persons referred to in section 9(2) of the Housing Act, 1988 , where such houses are to be made available for letting only,

(b) the conversion of an existing building or the reconstruction of a building to create one or more dwellings, provided that 50 per cent or more of the existing external fabric of the building is retained, or

(c) the carrying out of works to an existing house.

(15) A permission granted under Part IV of the Act of 1963 or under Part III of this Act pursuant to an application made after 25 August 1999 and to which this Part would have applied if the application for permission had been made after the inclusion of a housing strategy in the development plan under section 94 (1), shall cease to have effect on 31 December 2002 or on the expiry of a period of 2 years from the date of the grant of permission whichever is the later, as regards—

(a) where the development to which the permission relates is not commenced by that date or the expiry of that period, the entire development, and

(b) where the development to which the permission relates is commenced by that date or the expiry of that period, any portion of the development consisting of buildings the external walls of which have not been completed, but without prejudice to the obligation on the person carrying out the development to fulfil the other requirements of the permission in relation to so much of the development as is not affected by this paragraph.

(16) In this section, “owner” means—

(a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the land, and

(b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the land.

Development to which section 96 shall not apply.

97. —(1) In this section—

“applicant” includes a person on whose behalf a person applies for a certificate;

“the court” other than in subsections (19) and (21), means the Circuit Court for the circuit in which all or part of the development, to which the application under subsection (3) relates, is situated.

(2) For the purposes of this section—

(a) 2 or more persons shall be deemed to be acting in concert if, pursuant to an agreement, arrangement or understanding, one of them makes an application under subsection (3) or causes such an application to be made, and

(b) land in the immediate vicinity of other land shall be deemed in any particular case not to include land that is more than 400 metres from the land second-mentioned in this subsection.

(3) A person may, before applying for permission in respect of a development—

(a) consisting of the provision of 4 or fewer houses, or

(b) for housing on land of 0.2 hectares or less,

apply to the planning authority concerned for a certificate stating that section 96 shall not apply to a grant of permission in respect of the development concerned (in this section referred to as a “certificate”), and accordingly, where the planning authority grants a certificate, section 96 shall not apply to a grant of permission in respect of the development concerned.

(4) Subject to—

(a) subsections (6) and (12), and

(b) compliance by the applicant for a certificate with subsection (8),

a planning authority to which an application has been made under and in accordance with this section may grant a certificate to the applicant.

(5) An application for a certificate shall be accompanied by a statutory declaration made by the applicant—

(a) giving, in respect of the period of 5 years preceding the application, such particulars of the legal and beneficial ownership of the land, on which it is proposed to carry out the development to which the application relates, as are within the applicant's knowledge or procurement,

(b) identifying any persons with whom the applicant is acting in concert,

(c) giving particulars of—

(i) any interest that the applicant has, or had at any time during the said period, in any land in the immediate vicinity of the land on which it is proposed to carry out such development, and

(ii) any interest that any person with whom the applicant is acting in concert has, or had at any time during the said period, in any land in the said immediate vicinity, of which the applicant has knowledge,

(d) stating that the applicant is not aware of any facts or circumstances that would constitute grounds under subsection (12) for the refusal by the planning authority to grant a certificate,

(e) giving such other information as may be prescribed.

(6) (a) A planning authority may require an applicant for a certificate to provide it with such further information or documentation as is reasonably necessary to enable it to perform its functions under this section.

(b) Where an applicant refuses to comply with a requirement under paragraph (a), or fails, within a period of 8 weeks from the date of the making of the requirement, to so comply, the planning authority concerned shall refuse to grant the applicant a certificate.

(7) A planning authority may, for the purpose of performing its functions under this section, make such further inquiries as it considers appropriate.

(8) It shall be the duty of the applicant for a certificate, at all times, to provide the planning authority concerned with such information as it may reasonably require to enable it to perform its functions under this section.

(9) The Minister may make regulations in relation to the making of an application under this section.

(10) Where a planning authority fails within the period of 4 weeks from—

(a) the making of an application to it under this section, or

(b) (in the case of a requirement under subsection (6)) the date of receipt by it of any information or documentation to which the requirement relates,

to grant, or refuse to grant a certificate, the planning authority shall on the expiry of that period be deemed to have granted a certificate to the applicant concerned.

(11) Particulars of a certificate granted under this section shall be entered on the register.

(12) A planning authority shall not grant a certificate in relation to a development if the applicant for such certificate, or any person with whom the applicant is acting in concert—

(a) has been granted, not earlier than 5 years before the date of the application, a certificate in respect of a development, and the certificate at the time of the application remains in force, or

(b) has carried out, or has been granted permission to carry out, a development referred to in subsection (3), not earlier than—

(i) 5 years before the date of the application, and

(ii) one year after the coming into operation of this section,

in respect of the land on which it is proposed to carry out the first-mentioned development, or land in its immediate vicinity, unless—

(I) the aggregate of any development to which paragraph (a) or (b) relates and the first-mentioned development would not, if carried out, exceed 4 houses, or

(II) (in circumstances where the said aggregate would exceed 4 houses) the aggregate of the land on which any development to which paragraph (a) or (b) relates, and the land on which it is proposed to carry out the first-mentioned development, does not exceed 0.2 hectares.

(13) Where a planning authority refuses to grant a certificate, it shall by notice in writing inform the applicant of the reasons for its so refusing.

(14) (a) Where a planning authority to which an application has been made under subsection (3) refuses to grant a certificate to the applicant, he or she may, not later than 3 weeks from the date on which the applicant receives notification of the refusal by the planning authority to grant the certificate, or such later date as may be permitted by the court, appeal to the court for an order directing the planning authority to grant to the applicant a certificate in respect of the development.

(b) The court may at the hearing of an appeal under paragraph (a)

(i) dismiss the appeal and affirm the refusal of the planning authority to grant the certificate, or

(ii) allow the appeal and direct the planning authority to grant the applicant a certificate in respect of the development concerned.

(15) A planning authority shall comply with a direction of the court under this section.

(16) (a) Subject to paragraph (b), a planning authority shall revoke a certificate, upon application in that behalf being made to it by the owner of land to which the certificate related, or by any other person acting with the permission of such owner.

(b) A planning authority shall not revoke a certificate under this subsection where permission has been granted in respect of the development to which the certificate relates.

(17) A person who, knowingly or recklessly—

(a) makes a statutory declaration under subsection (5), or

(b) in purported compliance with a requirement under subsection (6), provides a planning authority with information or documentation,

that is false or misleading in a material respect, or who believes any such statutory declaration made, or information or documentation provided in purported compliance with such requirement, by him or her not to be true, shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment to a fine not exceeding £500,000 or to imprisonment for a term not exceeding 5 years, or to both.

(18) A person who—

(a) forges, or utters, knowing it to be forged, a certificate purporting to have been granted under this section (hereafter in this subsection referred to as a “forged certificate”),

(b) alters with intent to deceive or defraud, or utters, knowing it to be so altered, a certificate (hereafter in this subsection referred to as an “altered certificate”), or

(c) without lawful authority or other reasonable excuse, has in his or her possession a forged certificate or an altered certificate,

shall be guilty of an offence and shall be liable—

(i) on summary conviction to a fine not exceeding £1,500 or imprisonment for a term not exceeding 6 months, or to both, or

(ii) on conviction on indictment to a fine not exceeding £500,000 or imprisonment for a term not exceeding 5 years, or to both.

(19) Where a person is convicted on indictment of an offence under subsection (17) or (18), the court may in addition to any fine or term of imprisonment imposed by the court under that subsection order the payment into court by the person of an amount that in the opinion of the court is equal to the amount of any gain accruing to that person by reason of the grant of a certificate on foot of the statutory declaration, information or documentation, as the case may be, to which the offence relates, and such sum shall, when paid in accordance with such order, stand forfeited.

(20) All sums that stand forfeited under subsection (19) shall be paid to the planning authority that granted the certificate concerned and shall be accounted for in the account referred to in section 96 (13) and be applied only for the purposes specified in that section.

(21) Where a person is convicted of an offence under subsection (17), the court may revoke a certificate granted on foot of a statutory declaration, information or documentation to which the offence relates, upon application being made to it in that behalf by the planning authority that granted the certificate.

(22) A person shall not, solely by reason of having been granted a certificate, be entitled to a grant of permission in respect of the development to which the certificate relates.

Allocation of affordable housing.

98. —(1) Affordable housing may be sold or leased only to eligible persons who qualify in accordance with a scheme established by a planning authority under subsection (2).

(2) For the purposes of subsection (1), each planning authority shall establish a scheme which determines the order of priority to be accorded to eligible persons.

(3) Without prejudice to the generality of subsection (2), when establishing a scheme referred to in that subsection, the planning authority shall have regard to the following:

(a) the accommodation needs of eligible persons, in particular eligible persons who have not previously purchased or built a house for their occupation or for any other purpose;

(b) the current housing circumstances of eligible persons;

(c) the incomes or other financial circumstances of eligible persons (and priority may be accorded to eligible persons whose income level is lower than that of other eligible persons);

(d) the period for which eligible persons have resided in the area of the development plan;

(e) whether eligible persons own houses or lands in the area of the development plan or elsewhere;

(f) distance of affordable housing from places of employment of eligible persons;

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

(4) A planning authority—

(a) shall, when making or reviewing a development plan under Part II, and

(b) may, at any other time,

review a scheme made under this section and, as it sees fit, make amendments to the scheme or make a new scheme.

(5) The making of a scheme under this section and the making of an amendment to any such scheme shall be reserved functions.

(6) For the purposes of allocation under this section, a planning authority may, from time to time, set aside such specified number or proportion of affordable houses, for such eligible persons or classes of eligible persons, as it considers appropriate.

(7) In this section and section 99 , “lease” means a shared ownership lease within the meaning of section 2 of the Housing (Miscellaneous Provisions) Act, 1992 .

Controls on resale of certain houses.

99. —(1) Where houses are provided or sites made available in accordance with section 96 (9) or (10), the sale or lease of those houses or sites shall be subject to such conditions (if any) as may be specified by the planning authority.

(2) Without prejudice to the generality of subsection (1), terms and conditions under those subsections may provide for—

(a) the notification of the planning authority of the resale of any house or land, and

(b) the basis on which any house sold or leased under this Part may be occupied.

(3) (a) Terms and conditions under this section shall require, subject to paragraphs (b) and (c), that where any house or land sold to any person in accordance with subsection (1) is first resold before the expiration of 20 years from the date of purchase, the person selling the house or land shall pay to the planning authority out of the proceeds of the sale an amount equal to a percentage of the proceeds, which percentage is calculated in accordance with the following formula—

Y x 100

______

Z

where—

Y is the difference between the market value of the house or land at the time of sale to the person and the price actually paid, and

Z is the market value of the house at the time of sale to the person.

(b) The amount payable under paragraph (a) shall be reduced by 10 per cent in respect of each complete year after the 10th year during which the person to whom the house or land was sold has been in occupation of the house or land as his or her normal place of residence.

(c) Where the amount payable under paragraph (a) would reduce the proceeds of the sale (disregarding solicitor and estate agent's fees and costs) below the price actually paid, the amount payable shall be reduced to the extent necessary to avoid that result.

(d) (i) In calculating the amount payable under paragraph (a), due allowance shall be made for any material improvements made by the person to whom the house or land was sold.

(ii) For the purpose of this paragraph, “material improvements” means improvements made to the house (whether for the purpose of extending, enlarging, repairing or converting the house), but does not include decoration, or any improvements carried out on the land including the construction of a house.

(4) Any moneys accruing to a planning authority arising out of the resale of any house or land, subject to terms and conditions in accordance with subsection (1), shall be paid into the separate account referred to in section 96 (13) and shall be subject to the other requirements of that subsection.

Regulations under this Part.

100. —(1) The Minister may make regulations—

(a) specifying the criteria for determining the size of the accommodation required by eligible persons, including minimum and maximum size requirements, having regard to any guidelines specified by the Minister in respect of the provision of housing under the Housing Acts, 1966 to 1998,

(b) governing the determination of income for the purposes of section 93 ,

(c) specifying matters for the purposes of section 94 (5) or 98(3), and

(d) setting out requirements related to terms and conditions referred to in section 99 (1).

(2) Regulations made under subsection (1) may apply either generally or by reference to a specified class or classes of eligible persons or to any other matter as may be considered by the Minister to be appropriate.

Housing and planning authority functions.

101. —(1) Where a planning authority performing any function under this Part is not the housing authority for the area of the function, the planning authority shall consult with the housing authority for the area with respect to the performance of that function.

(2) In this section, a reference to a “housing authority” means a housing authority as defined pursuant to section 23(2) of the Housing (Miscellaneous Provisions) Act, 1992 .

(1) O.J. No. L 199/54, 9.7.1993