Any planning application for residential development, on land zoned for residential use or a mixture of residential and other uses, must satisfy the requirements of Part V of the Planning and Development Act, 2000 (as amended), in relation to the provision of social/affordable housing. Residential developments of nine housing units or less or on a site area of 0.1 hectares or less may be exempt from the Part V requirement and an application for an exemption certificate can be made.
Article 22(2)(e) of the Planning & Development Regulations 2001 (as amended) imposes specific requirements in relation to the details required to be submitted as part of the planning application as to how an applicant proposes to comply with a Part V condition, if planning permission is granted. Where these details are not supplied, the planning application cannot be validated.
Applicants for proposed developments to which Part V applies are advised to contact the Planning Authority to set up a Section 247 pre-planning consultation prior to making a formal planning application.
How do I make an application for a Part V exemption certificate?
You must complete the exemption cert application form and forward it together with 2 site location and layout maps, a statutory declaration and copy of land registry map and written folio details to the planning department. There is no application fee. A decision will be made to grant or refuse an exemption cert within 4 weeks of receipt of the application, provided all the required information has been submitted.
What to submit with your planning application
In order to satisfy the requirements of Part V, your planning application should include either:
An exemption certificate issued by the Planning Authority in accordance with Part V of the Act or if such a certificate has been applied for but not issued, a copy of the application form,
Details as to how the applicant proposes to comply with Part V
There are three broad items that need to be included in a planning application regarding a Part V proposal:
(i)How the applicant intends to discharge his/her Part V obligation as regards a selection of a preferred option from the options available under Section 96(3) of the Planning and Development Act 2000 as amended.
(ii) Details in relation to the units or land to be provided; and
(iii) Financial aspects – the applicant is required to provide a realistic estimated overall cost, to the Planning Authority, of the option(s) selected, and methodology used in arriving at such costs.
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