Land Development Agency Act 2021
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Services to local authorities | ||
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15. (1) A local authority may request the Agency to provide services to it in relation to the development of sites for housing and urban development that are— | ||
(a) large scale, multi tenure or mixed-use development sites that may include sites that are fully or partially intended to secure the implementation of all or part of an accommodation programme, within the meaning of the Housing (Traveller Accommodation) Act 1998 , and | ||
(b) located in the area of a town (including all the environs of the town for the purpose of the census of population concerned) the population of which, when rounded to the nearest 500 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 30,000 persons, | ||
and that are on land owned by the local authority in order to assist the local authority in the performance of its functions. | ||
(2) Subject to subsection (3), the Agency shall provide any of the following services when requested to do so under subsection (1): | ||
(a) preparation of masterplans and carrying out appraisal of development potential of sites; | ||
(b) application for development consents, permissions and other approvals in relation to sites; | ||
(c) provision of infrastructure to service sites for housing; | ||
(d) provision of housing and carrying out of ancillary works as part of wider urban development; | ||
(e) management of cost rental housing. | ||
(3) Where the Agency determines, having regard to— | ||
(a) the compatibility of the request with the functions of the Agency, | ||
(b) the resources of the Agency, | ||
(c) the capacity of the Agency to provide the services requested, and | ||
(d) such other matters as may be determined by the Agency, | ||
that it cannot provide a service requested by a local authority under this section, it shall submit a report to the Minister setting out the reasons for its determination. | ||
(4) The Minister shall, not later than 6 weeks after receipt of a report submitted under subsection (3)— | ||
(a) where the Minister agrees that the Agency cannot provide the service requested, give notice accordingly to the Agency and the local authority concerned in writing, or | ||
(b) where the Minister is satisfied that it is in the interests of the proper and effective management and development of relevant public land, the provision of housing or proper urban development, and having considered matters pertaining to the financial resources of the Agency, direct the Agency in writing to provide the service requested under subsection (1) and give notice accordingly to the local authority concerned. | ||
(5) The Agency shall comply with a direction under subsection (4) (b). | ||
(6) Provision of services by the Agency to a local authority under this section shall be supplied on such terms as may be determined by the Minister, including terms regarding payment by the local authority to the Agency for services provided, having regard to the need to secure the most beneficial, effective and efficient use of resources available to the Agency and to local authorities. |