Planning and Development Act 2024
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Transfers | ||
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252. (1) Where ownership of land is transferred to a planning authority in accordance with section 247 , the authority may— | ||
(a) provide, or arrange for the provision of, housing on the land of the type referred to in any of paragraphs (i) to (iii) of subsection (10) of section 242 , | ||
(b) make land available to— | ||
(i) persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 , or | ||
(ii) eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021 , | ||
for the development of houses by them for their own occupation, or | ||
(c) make land available to an approved housing body, for the provision on the land of housing of the type referred to in any of paragraphs (i) to (iii) of subsection (10) of section 242 . | ||
(2) Pending the provision of housing in accordance with paragraph (a) of subsection (1), or the making available of land in accordance with paragraph (b) or (c) of subsection (1), the planning authority shall maintain the land or sites in a manner that does not detract, and is not likely to detract, to a material degree from the amenity, character or appearance of land or houses in the neighbourhood of the land or sites. | ||
(3) Where a house is transferred to a planning authority or its nominees under subsection (2) of section 247 , it shall be used for the housing of persons eligible under regulations under subsection (3) of section 31 of the Affordable Housing Act 2021 to be tenants of cost rental dwellings, persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 or eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021 . | ||
(4) A nominee of a planning authority may be a person eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 , an eligible applicant within the meaning of Part 2 of the Affordable Housing Act 2021 or an approved housing body for the provision of housing of the type referred to in any of paragraphs (i) to (iii) of subsection (10) of section 242 . | ||
(5) Notwithstanding any provision of this or any other enactment, if a planning authority is satisfied that land, a site or a house transferred to it under section 247 is no longer required for the purposes specified in subsections (1) to (4), it may— | ||
(a) use the land, site or house for another purpose connected with its functions and, where it does so, it shall pay an amount equal to the following into the separate account referred to in subsection (6): | ||
(i) in the case of land, or a site, without a house, the market value of the land or site; | ||
(ii) in the case of a house, the market value of the house on the date permission relating to that house was granted, | ||
or | ||
(b) sell the land, site or house for the best price reasonably obtainable, and, where it does so, it shall pay an amount equal to the proceeds of the sale into the separate account referred to in subsection (6). | ||
(6) Any amount referred to in subsection (5) and any amount paid to a planning authority in accordance with an agreement referred to in paragraph (d) or (e) of subsection (2) of section 247 shall be accounted for in a separate account and shall only be applied as capital for its functions in relation to the provision of housing under the Housing Acts 1966 to 2021. | ||
(7) A dwelling that is the subject of an agreement referred to in section 75 of the Land Development Agency Act 2021 shall not be reckoned in determining whether or not a condition imposed by section 246 has been complied with. |