Finance Act 2010

• Permanent Page URL

Amendment of Part 22 (provisions relating to dealing in or developing land and disposals of development land) of Principal Act.

25.— (1) Part 22 of the Principal Act is amended—

(a) in the definition of “qualifying land” in section 644AB(1) by deleting “or” where it last occurs in paragraph (a), by substituting “section 616(1)(g), or” for “section 616(1)(g)” in paragraph (b) and by inserting the following after paragraph (b):

“(c) consisting of a site of 0.4047 hectares or less whose market value at the date of disposal does not exceed €250,000 (notwithstanding that a planning authority may have granted permission in respect of that site in accordance with section 34(1) of the Planning and Development Act 2000 ), other than where the disposal by the person making it, or by a person connected with that person, forms part of a larger transaction or series of transactions,”,

(b) in section 644AB(1) by deleting the definition of “rezoning” and by inserting the following after the definition of “qualifying land”:

“ ‘relevant planning decision’, in relation to land and in accordance with the Planning and Development Act 2000 (in this definition referred to as the ‘Act of 2000’), means—

(a) a change in the zoning of land in a development plan or a local area plan made or varied under Part II of the Act of 2000 from non-development land-uses to development land-uses or from one development land-use to another development land-use including a mixture of such uses, or

(b) a decision to grant permission, in accordance with section 34(6) or 37(2) of the Act of 2000, for a development that would materially contravene a development plan;”,

(c) in section 644AB(2) by substituting “a relevant planning decision” for “the rezoning of that land”,

(d) in section 644AB(5)(a) by substituting “a relevant planning decision” for “the rezoning of land”,

(e) in section 649B(1) by deleting the definition of “rezoning” and by inserting the following after the definition of “non-development land use”:

“ ‘ relevant planning decision ’, in relation to land and in accordance with the Planning and Development Act 2000 (in this definition referred to as the ‘Act of 2000’), means—

(a) a change in the zoning of land in a development plan or a local area plan made or varied under Part II of the Act of 2000 from non-development land-uses to development land-uses or from one development land-use to another development land-use including a mixture of such uses, or

(b) a decision to grant permission, in accordance with section 34(6) or 37(2) of the Act of 2000, for a development that would materially contravene a development plan;”,

(f) in section 649B(1) in the definition of “windfall gain” by substituting “a relevant planning decision” for “rezoning”,

(g) in section 649B(2)—

(i) by deleting “, made on or after 30 October 2009,”, and

(ii) by substituting “a relevant planning decision” for “rezoning” in paragraph (a) and by substituting “relevant planning decision” for “rezoning” where it occurs in paragraphs (b) and (c),

(h) in section 649B(4) by deleting “or” where it last occurs in paragraph (a), by substituting “section 616(1)(g), or” for “section 616(1)(g),” in paragraph (b) and by inserting the following after paragraph (b):

“(c) the disposal is the disposal of a site of 0.4047 hectares or less whose market value at the date of disposal does not exceed €250,000 (notwithstanding that a planning authority may have granted permission in respect of that site in accordance with section 34(1) of the Planning and Development Act 2000 ), other than where the disposal by the person making it, or by a person connected with that person, forms part of a larger transaction or series of transactions,”,

and

(i) in section 649B(5) by substituting “relevant planning decision” for “rezoning”.

(2) (a) Paragraphs (a) and (h) of subsection (1) apply as respects disposals made on or after 30 October 2009.

(b) Paragraphs (b), (c), (d), (e), (g)(ii) and (i) of subsection (1) apply as respects changes or decisions made on or after 4 February 2010.

(c) Paragraph (g)(i) of subsection (1) applies as on and from 4 February 2010.