Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

In amendment No. 907, which relates to section 219, the People Before Profit Deputies are seeking to delete lines 21 to 40, and change the percentages associated with what was known as Part V housing in the Act of 2000. Any amendment to Part V policy risks delaying housing delivery as the sector comes to terms with its implications.

President McAleese referred Part V of the Planning and Development Bill 1999 to the Supreme Court for a decision on its compatibility with the Constitution. The court considered whether Part V restricted the rights of landowners and in its decision applied a test of proportionality when considering whether Part V restricted the rights of landowners. The test of proportionality is an approach generally taken by the courts. To pass the proportionality test, the measures must:

(a) be rationally connected to the objective and not be arbitrary, unfair or based on irrational considerations;

(b) impair the right as little as possible; and

(c) be such that their effects on rights are proportional to the objective.

It is uncertain whether increasing the Part 7 requirement above 20% would pass the same proportionality test and the amendment will require further detailed consideration, including legal advice. Furthermore, increasing the percentages could impact on the perceived viability of developing sites and risk the overall supply of housing. I cannot accept this amendment.

I direct Deputy Boyd Barrett to section 219(11), which states:

Subsection (10) shall not operate to prevent any person (including a local authority) at its election from using more than 20 per cent of land in respect of which permission for the development of houses is granted for the provision of housing ...

Therefore, a local authority can go higher than 20%. The Land development Agency, LDA, can also go higher than 20%.

I will quickly address points raised by Deputy O'Callaghan. Deputy Ó Broin inquired about the metric. The housing strategy and the housing need demand assessment, HNDA, constitute the metric. It is quite clear in terms of what is outlined and required in the development of a housing strategy, that is, the demographics of an area, the development plan and the existing and likely future need for housing, in particular houses in duplexes for purchase by intending owner-occupiers. It is, therefore, addressed through the housing strategy.

The Croí Cónaithe scheme is there to address the viability for owner-occupier purchasers. Local authorities can buy up numbers as well. Under the LDA, there is 100% social and affordable housing on key sites in urban areas, such as Shanganagh and the Central Mental Hospital site. That is being applied at 100% thorough the LDA.