Section 96 (Social Housing Exemption Certificate)
In certain circumstances, applicants may be exempt from the provisions of Section 96. Those circumstances and the process of applying for a certificate of exemption are outlined in Section 97 of the Planning and Development Act, 2000.
Applicants may, before applying for planning permission in respect of a development, apply, under Section 97, for a certificate from the Council stating that no obligations to provide social and affordable housing (or funds/sites in lieu of units) will apply to the permission, if granted, for said development.
The application form for a certificate of exemption from Section 96 can be found below.
The application form must be completed in full, signed and accompanied by the following:
(a) Details of legal and beneficial ownership of the land subject to the proposed development in the period of five years preceding the application.
(b) The names of any person(s) with whom the applicant is acting in concert.
(c) Details of any interest the applicant has or has had in land in the immediate vicinity (land that is 400 metres or less from the site subject of the proposed development) at any time during the period of years preceding the application.
(d) Any interest that a person with whom the applicant is acting in concert may have had/has.
(e) A statement that the applicant is not aware of any facts that would give grounds under Section 97 (12) of the Planning and Development Act 2000, for the Council to refuse an application for a certificate of exemption.
(f) A statement as to whether the applicant, or any person with whom the applicant is acting in concert, has carried out, or has been granted permission to carry out, a development consisting of the provision of four or fewer houses or of land of 0.1 hectares or less, within the period of five years prior to the date of making of the application for a certificate, on land in respect of which the certificate is being sought for land in its immediate vicinity (save that any such development carried out, or permission granted, before 1st November 2001 may be disregarded).
(g) Where applicable details of previous Section 97 exemption certificates or permissions for developments in relation to lands subject to this application or lands in the immediate vicinity.
(h) Two copies of a site location map with the site clearly outlined in red and to a scale of not less than 1:1000 in built up areas and 1:2500 in all other areas.