Part V

Am looking for some advice/opinions: I am currently at planning stage for a housing development. Prior to choosing the scheme style (up-market) I sought the Councils views on part V and was assured that they would not want houses: they would accept financial contributions. Now they have changed their minds and want houses. Is there anything I can do?

Is Part V to do with affordable housing?? Do all new developments have to have an affordable housing element to them and you either buils those affordable houses or else monetarily compensate the council to eliminate such requirement??

(Sorry can't answer your question but interested in the circumstances!)

Assured by whom in the Council?

I suspect that the Planning Dept. couch their pre-plannings with sufficient conditions that such assurances are non-binding on them. I'm not certain though so you'll have to check / ask someone who knows, such as a Planning Consultant.

If there aren't any such conditions attached to the discussions, perhaps you can argue estoppel if you go the legal route(i.e. Relying on their assurances, you submitted a particular design (if you can prove that) and that they can't go back on their promises).

Other than that, County Councils have pretty much a free hand to determine what they require to meet Part V requirements in their areas. So unless there is some way to tie them to their assurances, there is nothing you can do.

You could buy your quota on another estate , there are all sorts of ways to do it. You could not hold the planners to a deal even if you DID get it in writing. Dealing with a council planner in Ireland is like trying to milk a snake .

Swap a chunk of your land with another developer in the same position as you and bring the developments below the threshhold maybe ??

A local councillor in Galway had a great idea a year or two back. That was to fulfil all the Part V obligations for a town where said councillor picked up lots of votes by building them in another town where said councillor did not get lots votes, and which was some 15 miles away but in the same local authority area .

Its perfectly legal.

Please refrain from making allegations about individuals, lest they be considered in some way defamatory.