Planning and Development (Amendment) Act 2010
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Amendment of section 96 of Principal Act. |
38.— Section 96 of the Principal Act is amended— | |
(a) in subsection (3)(b)— | ||
(i) by the insertion of the following subparagraph after subparagraph (vi): | ||
“(via) one of the following— | ||
(I) the entry into a rental accommodation availability agreement (which term shall, in this section, have the meaning given to it by section 2 of the Housing (Miscellaneous Provisions) Act 2009 ) with the planning authority, under Part 2 of that Act, in respect of, or | ||
(II) a grant of a lease to the planning authority of, | ||
houses on the land which is subject to the application for permission, or any other land within the functional area of the planning authority of such number and description as may be specified in the agreement,”, | ||
(ii) in subparagraph (viii) by the substitution of “in subparagraphs (i) to (via)” for “subparagraphs (i) to (vi)”, | ||
(iii) by the insertion of the following new paragraph after paragraph (d): | ||
“(da) Where a planning authority proposes to enter into a rental accommodation availability agreement or to take a lease in accordance with an agreement under paragraph (b), then, to the extent as may be appropriate the payment to be made, or the rent payable by the planning authority as the case may be shall be reduced (without prejudice to any other relevant discount or allowance) by such amount as may be agreed or in default of agreement as may be prescribed by the Minister as takes account of the obligations imposed by this section and in particular the attribution to the site cost of the houses of a value calculated in accordance with subsection (6).”, | ||
(b) in subsection (7)(a), by the insertion of the following subparagraph after subparagraph (ii): | ||
“(iia) the number of houses, and the amount to be paid, or rent payable, therefor under a rental accommodation availability agreement or a lease under subsection (3)(b)(via)”, | ||
(c) in subsection (8) by the substitution of “the planning authority, applicant or any other person” for “the applicant or any other person”. |