Planning and Development Act 2024

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PART 7

Housing Strategy and Supply

Chapter 1

Housing Strategy

Housing strategy

242. (1) Prior to making a development plan under Part 3, a planning authority shall prepare a strategy (in this Act referred to as a “housing strategy”) for the purpose of ensuring that the housing development strategy makes adequate provision for the housing of the existing and future population of the area of the development plan in accordance with the proper planning and sustainable development of the area.

(2) A housing strategy—

(a) may be prepared jointly by 2 or more planning authorities in respect of the combined area of their development plans, or

(b) shall, where the Minister so directs, be prepared jointly by 2 or more planning authorities in respect of the combined area of their development plans.

(3) A housing strategy shall relate to the period of the development plan.

(4) In preparing a housing strategy, a planning authority shall—

(a) have regard to the overall housing needs of the population of its functional area, taking account of the matters specified in subsection (5),

(b) have regard to the most recent summary of social housing assessments prepared under section 21 of the Housing (Miscellaneous Provisions) Act 2009 that relate to the area of the development plan,

(c) consult with such approved housing bodies in its functional area as it considers appropriate, and

(d) have regard to relevant policies or objectives for the time being of the Government or any Minister of the Government, and any National Planning Statement, that relate to housing or social integration in the provision of housing services.

(5) A housing strategy shall take into account—

(a) the existing need, and the likely future need, for housing, based on national and regional population growth targets set out in the National Planning Framework and the regional spatial and economic strategy for the region within which the functional area to which the housing strategy relates is situated,

(b) the existing need, and the likely future need, for housing for the purposes of—

(i) the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 ,

(ii) eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021 , and

(iii) cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021 ,

(c) the need to ensure that housing is available for persons who have different levels of income,

(d) the need to ensure that a mixture of house types and sizes is developed to reasonably match the requirements of different categories of households (including the special requirements of elderly persons and persons with disabilities), as may be determined by the planning authority,

(e) the need to counteract and prevent undue segregation in housing between persons of different social backgrounds,

(f) the existing need and the likely future need for housing, in particular houses and duplexes, for purchase by intending owner-occupiers,

(g) the existing tenure mix of the area of the development plan,

(h) the demographics of the area of the development plan,

(i) any assessment relating to housing need or demand prepared by the planning authority pursuant to the National Planning Framework or any National Planning Statement,

(j) any planned or existing development under Part 9 of the Land Development Agency Act 2021 in, or affecting the functional area of, the planning authority,

(k) such other matters as the planning authority considers appropriate, and

(l) such further or additional matters as may be prescribed.

(6) A housing strategy shall include an estimate of the amount of—

(a) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 ,

(b) housing for eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021 , and

(c) cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021 ,

required in the area of the development plan during the period of the development plan and the estimate may state different requirements for the purposes of one or more of paragraphs (a) to (c) for different areas within the area of the development plan.

(7) When making an estimate under paragraph (b) of subsection (6), the planning authority shall have regard to the following:

(a) the supply of, and demand for, houses generally or houses of a particular class or classes, in the whole or part of the area of the development plan;

(b) the price of houses generally, or houses of a particular class or classes, in the whole or part of the area of the development plan;

(c) the income of persons generally, or of a particular class or classes of person who require houses in the area of the development plan;

(d) the rates of interest on mortgage loans;

(e) the relationship between the price of housing under paragraph (b), incomes under paragraph (c) and rates of interest under paragraph (d) for the purpose of establishing the affordability of houses in the area of the development plan;

(f) such other matters as the planning authority considers appropriate;

(g) such other matters as may be prescribed for the purposes of this subsection.

(8) When making an estimate under paragraph (c) of subsection (6), the planning authority shall have regard to the following:

(a) the supply of, and demand for, houses for rent in the whole or part of the area of the development plan;

(b) the cost of rents applicable to houses generally, or to houses of a particular class or classes, in the whole or part of the area of the development plan;

(c) the income of persons generally, or of a particular class or classes of person, who require houses for rent in the area of the development plan;

(d) the relationship between the cost of rents referred to in paragraph (b) and incomes referred to in paragraph (c) for the purpose of establishing the affordability of housing for rent in the area of the development plan;

(e) such other matters as the planning authority considers appropriate;

(f) such other matters as may be prescribed for the purposes of this subsection.

(9) Regulations made for the purposes of subsections (7) and (8) shall not affect any of the following that are in effect at the time those regulations come into operation:

(a) a housing development strategy;

(b) a housing strategy within the meaning of the Act of 2000;

(c) the objectives of any development plan.

(10) Subject to subsection (11), a housing strategy shall provide that as a general policy a specified percentage, not being more than 20 per cent, of—

(a) the land zoned for residential use, or for a mixture of residential and other uses, and

(b) any land not zoned either for residential use or for a mixture of residential and other uses, and in respect of which permission for the development of houses is granted,

shall be reserved for the provision of housing for the purposes of one or more of the following:

(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 ;

(ii) housing for eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021 ;

(iii) cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021 .

(11) 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 to which paragraphs (i) to (iii) of subsection (10) apply.

(12) A housing strategy within the meaning of Part V of the Act of 2000 included in a development plan under Part II of that Act and continued in force by virtue of section 68 shall, until the replacement of that development plan in accordance with Part 3, constitute the housing strategy of the planning authority in respect of whose functional area the development plan applies.