|
96.—(1) Subject to subsection (13) 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 on land to which such an objective applies, or where an application relates to a mixture of developments, to that part of the application which relates to the development of houses on such land, in addition to the provisions of section 34.
(2) A planning authority, or the Board on appeal, shall 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 under this section with the planning authority, providing, in accordance with this section, for the matters referred to in paragraph (a) or (b) of subsection (3).
(3) (a) Subject to paragraph (b), an agreement under this section shall provide for the transfer to the planning authority of the ownership of such part or parts of the land which is subject to the application for permission as is or are specified by the agreement as being part or parts required to be reserved for the provision of housing referred to in section 94(4)(a).
(b) Instead of the transfer of land referred to in paragraph (a) and subject to paragraph (c) and the other provisions of this section, an agreement under this section may provide for—
(i) the building and transfer, on completion, to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on the land which is subject to the application for permission of such number and description as may be specified in the agreement,
(ii) the transfer of such number of fully or partially serviced sites on the land which is subject to the application for permission as the agreement may specify to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part,
(iii) the transfer to the planning authority of the ownership of any other land within the functional area of the planning authority,
(iv) the building and transfer, on completion, to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on land to which subparagraph (iii) applies of such number and description as may be specified in the agreement,
(v) the transfer of such number of fully or partially serviced sites on land to which subparagraph (iii) applies as the agreement may specify to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part,
(vi) a payment of such an amount as specified in the agreement to the planning authority,
(vii) a combination of a transfer of land referred to in paragraph (a) (but involving a lesser amount of such land than if the agreement solely provided for a transfer under that paragraph) and the doing of one or more of the things referred to in the preceding subparagraphs,
(viii) a combination of the doing of 2 or more of the things referred to in subparagraphs (i) to (vi),
but, subject, in every case, to the provision that is made under this paragraph resulting in the aggregate monetary value of the property or amounts or both, as the case may be, transferred or paid by virtue of the agreement being equivalent to the monetary value of the land that the planning authority would receive if the agreement solely provided for a transfer of land under paragraph (a).
(c) In considering whether to enter into an agreement under paragraph (b), the planning authority shall consider each of the following:
(i) whether such an agreement will contribute effectively and efficiently to the achievement of the objectives of the housing strategy;
(ii) whether such an agreement will constitute the best use of the resources available to it to ensure an adequate supply of housing and any financial implications of the agreement for its functions as a housing authority;
(iii) the need to counteract undue segregation in housing between persons of different social background in the area of the authority;
(iv) whether such an agreement is in accordance with the provisions of the development plan;
(v) the time within which housing referred to in section 94(4)(a) is likely to be provided as a consequence of the agreement.
(d) Where houses or sites are to be transferred to the planning authority in accordance with an agreement under paragraph (b), the price of such houses or sites shall be determined on the basis of—
(i) the site cost of the houses or the cost of the sites (calculated in accordance with subsection (6)), and
(ii) the building and attributable development costs as agreed between the authority and the developer, including profit on the costs.
(e) Where an agreement under this section provides for the transfer of land, houses or sites, the houses or sites or the land, whether in one or more parts, shall be identified in the agreement.
(f) 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) or (b).
(g) Nothing in this subsection shall be construed as requiring the applicant or any other person (other than the planning authority) to enter into an agreement under paragraph (b) instead of an agreement under paragraph (a).
(h) For the purposes of an agreement under this subsection, the planning authority shall consider—
(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, where appropriate, and
(iv) the views of the applicant in relation to the impact of the agreement on the development.
(i) Government guidelines on public procurement shall not apply to an agreement...
|
