Land Development Agency Act 2021

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Land Development Agency Act 2021.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Purposes of Act

2. The purposes of this Act are—

(a) to enable urgent measures to be taken to increase the supply of housing in the State and in particular affordable and social housing,

(b) to ensure that public land which is not being utilised or is under-utilised is made available for housing in the State,

(c) to counteract segregation in housing between persons of different social background,

(d) to enable the sustainable development of new and regenerated communities well-served by schools, infrastructure that promotes and facilitates cycling or walking, public transport and public amenities,

(e) to develop and regenerate relevant public land for the purposes of the delivery of housing,

(f) to combat the long-term housing shortage and to increase access to housing in the State,

(g) to address deficiencies in the housing market and to alleviate the shortage of land available for housing in circumstances where that market is experiencing a systemic housing shortage,

(h) to address the demand for housing arising from population growth and demographic change,

(i) to promote best practice in housing development, including best environmental practice, innovative construction methods and climate adaptive housing including in complex development sites,

(j) to correct any imbalance between the supply of housing and demand for it through the use of available relevant public land, not required for other purposes, for the purpose of housing,

(k) to support the consolidation and provision of publicly owned land for development and to expedite the most efficient use of such land,

(l) to assist in the development of a sufficient supply of housing available for rent and purchase in the State at an affordable price,

(m) to increase the supply of housing while maintaining balanced land use,

(n) to facilitate measures designed to achieve socially integrated housing,

(o) to assist local authorities in the performance of their functions relating to housing by enabling provision of services to them by the Agency,

(p) to establish appropriate mechanisms and collaborative structures between public and private bodies to develop relevant public land, land owned by the Agency and land that is privately owned that is identified as suitable for the strategic and timely delivery of housing,

(q) to establish a Land Development Agency to ensure that, in the performance of functions conferred on the Agency—

(i) economies of scale and efficiencies are achieved through a single entity providing services such as the preparation of masterplans and design and project management, and

(ii) opportunities can be taken for efficient development of contiguous tracts of relevant public land,

(r) to enable the Agency to engage in commercial activities consistent with this Act, including by generating funding required to enable it to perform its functions, in order to achieve the purposes specified in this section, and

(s) to achieve the best possible social and economic return, consistent with the purposes of this Act, from the use of relevant public land under and in accordance with this Act.

3. State aid

3. (1) Functions conferred on the Minister or the Agency under this Act shall be performed by the Minister and, as the case may be, the Agency in compliance with—

(a) an enactment or rule of law,

(b) a provision of the treaties governing the European Union, or

(c) an act adopted by an institution of the European Union, an institution of the European Communities or any other body competent under those treaties,

relating to State aid.

(2) In subsection (1) —

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

“European Communities” has the same meaning as it has in the Act of 1972;

“European Union” has the same meaning as it has in the Act of 1972;

“treaties governing the European Union” has the same meaning as it has in the Act of 1972.

4. Interpretation

4. In this Act—

“Act of 1972” means the European Communities Act 1972;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2009” means the Housing (Miscellaneous Provisions) Act 2009;

F1[“Act of 2011”means theMulti-Unit Developments Act 2011;]

F2["Act of 2024" means the Planning and Development Act 2024;]

“Agency” has the meaning assigned to it by section 12;

“Board” has the meaning assigned to it by section 16;

“census town” means the area of a town (including all the environs of the town for the purpose of the census of population concerned) the population of which, when rounded to the nearest 500 as shown in the latest census report of the Central Statistics Office, is equal to or greater than 10,000 persons;

“chief executive” has the meaning assigned to it by section 17;

“Companies Act” means the Companies Act 2014;

F1[“company limited by guarantee”has the same meaning as it has in Part 18 of the Companies Act;]

F3[“coordinated area plan”has the same meaning as it has in the Act of 2024;]

“DAC limited by shares” has the same meaning as it has in Part 16 of the Companies Act;

“development plan” has the same meaning as it has in the Act of 2000;

“dispose of”, in relation to land, includes the sale, lease, transfer or assignment of the land or an interest in it;

“dissolution day” shall be construed in accordance with section 35(1);

“dissolved body” has the meaning assigned to it by section 35(1);

“development plan” has the same meaning as it has in the F4[Act of 2024];

“house” has the same meaning as it has in section 2 of the Act of 2000;

“housing strategy” has the same meaning as it has in the F4[Act of 2024];

“local area plan” F4[means a plan continued in force by section 81 of the Act of 2024];

“local authority” has the same meaning as it has in the Local Government Act 2001;

“masterplan” has the meaning assigned to it by section 14(4);

“Minister” means the Minister for Housing, Local Government and Heritage;

F1[“multi-unit development”has the same meaning as it has in the Act of 2011;]

F1[“NAMA”means the National Asset Management Agency;]

F1[“NARPS”means the National Asset Residential Property Services DAC;]

“Order of 2018” means the Land Development Agency (Establishment) Order 2018 (S.I. No. 352 of 2018);

“other land” means:

(a) land within a census town which is not relevant public land;

(b) land contiguous to land within a census town;

F1[“owners’ management company”has the same meaning as it has in the Act of 2011;]

“prescribed” means prescribed by regulations made by the Minister;

F3[“priority area plan”has the same meaning as it has in the Act of 2024;]

“regional spatial and economic strategy” has the same meaning as it has in the F5[Act of 2024];

“Register” has the meaning assigned to it by section 50(1);

“Register of Relevant Public Land” means the register established under section 50;

“relevant public body” has the meaning assigned to it by section 5;

“relevant public land” shall be construed in accordance with section 5;

“Schedule 1 public body” has the meaning assigned to it by section 5;

“Schedule 2 public body” has the meaning assigned to it by section 5;

F1[“subsidiary CLG”means a subsidiary formed and registered by the Agency or a subsidiary DAC in accordance withsection 33A;]

F6[“subsidiary DAC”means a subsidiary, other than a subsidiary CLG, formed and registered by the Agency in accordance withPart 4.]

F3[“urban area plan”has the same meaning as it has in the Act of 2024;]

5. Relevant public body and relevant public land

5. (1) In this Act, all land within a census town owned by a relevant public body shall be relevant public land.

(2) In this Act, “relevant public body” means any of the following:

(a) a local authority;

(b) a person or body specified in Schedule 1 (in this Act referred to as a “Schedule 1 public body”);

(c) a person or body specified in Schedule 2 (in this Act referred to as a “Schedule 2 public body”).

6. Orders and regulations

6. (1) The Minister may make regulations for the purposes of this Act including regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or for the purpose of enabling any provision to have full effect.

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order, other than an order under section 1(2) or 35(1), and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7. Expenses of Minister

7. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

8. Directions of Minister

8. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, give a direction in writing to the Agency or a subsidiary DAC, in relation to the performance of its functions under this Act, requiring it to comply with such policies of the Government as are specified in the direction.

(2) The Minister, in giving a direction under subsection (1) shall, where the direction relates to a matter in the National Planning Framework, a regional spatial and economic strategy, a development F8[plan, an urban area plan, a priority area plan, a coordinated area plan or a local area plan,] have regard, as the case may be, to the National Planning Framework, regional spatial and economic strategy, development F8[plan, urban area plan, priority area plan, coordinated area plan or local area plan].

(3) The Minister may, by direction in writing, with the consent of the Minister for Public Expenditure and Reform, amend or revoke a direction under this section (including a direction under this subsection).

(4) The Agency and a subsidiary DAC shall comply with a direction given to it under this section.

9. Review of achievement of purposes of Act

9. (1) The Minister may at any time require the Agency or a subsidiary DAC to report to him or her regarding progress towards achieving the purposes of this Act.

(2) Not later than 31 March 2024, and every 5 years thereafter the Agency shall furnish a report to the Minister regarding progress made by the Agency and subsidiary DACs towards achieving the purposes of this Act.

(3) On receipt of a report referred to in subsection (2) the Minister shall assess the extent to which the Agency and subsidiary DACs have made progress towards achieving the purposes of this Act.

(4) Following an assessment under subsection (3), the Minister shall—

(a) give such directions under section 8, and

(b) take such other actions,

as the Minister considers necessary to ensure that the Agency and subsidiary DACs make greater progress towards achieving the purposes of this Act.

(5) The Minister shall cause copies of any report under subsection (2) to be laid before each House of the Oireachtas within 30 days of its receipt by him or her.

(6) The Minister shall cause details of any direction given, or other action taken, following an assessment under subsection (3) to be laid before each House of the Oireachtas as soon as practicable after the direction is given or action taken.

10. Giving of notices

10. (1) Subject to subsections (2) and (3), a notice that is required to be given to a person under this Act shall be in writing and addressed to the person concerned by name, and may be so given to the person in one or more than one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address;

(d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice relates to land, by delivering it to a person over the age of 16 years resident or employed at the land, or by affixing it in a conspicuous position at or near the land;

(e) by electronic means, in a case in which the person has given notice in writing to the person giving the notice concerned of his or her consent to the notice (or notices of a class to which the notice belongs) being given to him or her in that manner.

(2) Where a notice under this Act is to be given to a person who is the owner or occupier of land and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words “the owner” or, as the case may require, “the occupier”.

(3) For the purpose of this section, a company formed and registered under the Companies Act or an existing company within the meaning of that Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

11. Revocation

11. The following Orders are revoked:

(a) the Order of 2018;

(b) the Land Development Agency (Amendment) Order 2018 (S.I. No. 603 of 2018);

(c) the Local Government Services (Corporate Bodies) Act 1971 (Designation of Bodies) Order 2018 (S.I. No. 604 of 2018).

PART 2 Land Development Agency

12. Formation of Land Development Agency

12. (1) The Minister shall, as soon as practicable after the commencement of this section, cause a DAC limited by shares conforming to the conditions laid down in this Act to be formed and registered under Part 16 of the Companies Act.

(2) The name of the DAC limited by shares (in this Act referred to as the “Agency”) shall be, and the DAC limited by shares shall be known as, the Land Development Agency.

(3) Subsections (1) to (3) of section 969 of the Companies Act shall not apply to the Agency.

(4) Subject to this Act, the Agency shall be independent in the performance of its functions.

13. Constitution of Agency

13. (1) The constitution of the Agency shall be in such form, consistent with the Companies Act and with this Act, as may be approved by the Minister and the Minister for Public Expenditure and Reform.

(2) Notwithstanding anything contained in the Companies Act, any alteration of the constitution of the Agency shall not be valid or effectual unless made with the prior approval of the Minister and the Minister for Public Expenditure and Reform.

14. Functions of Agency

14. (1) The functions of the Agency shall, subject to this Act, include the following:

(a) to manage and develop certain relevant public land and prepare that land for development and, where necessary or expedient for that purpose, to so manage, develop and prepare other land which is contiguous to—

(i) relevant public land, or

(ii) land owned by the Agency,

to facilitate the provision of housing for the public good;

(b) to develop housing on relevant public land and, where necessary or expedient for that purpose, other land which is contiguous to—

(i) relevant public land, or

(ii) land owned by the Agency,

for the public good;

(c) to manage and to provide housing for rent or purchase;

(d) to ensure, or assist in, the timely provision of publicly owned infrastructure to service housing or sites being developed for housing on relevant public land and other land;

(e) to develop, or facilitate the development of, large-scale local authority sites for housing and, where appropriate, mixed-use development and for that purpose to liaise with any relevant local authority in relation to the appropriate mix of housing in such developments;

(f) to—

(i) appraise sites,

(ii) prepare masterplans,

(iii) prepare planning submissions for developments,

(iv) make a planning application, or intervene in a planning application made by another person, and

(v) obtain development consents, permissions and other approvals,

for the purpose of the development of relevant public land and, where necessary or expedient in order for that development to take place, the development of other land;

(g) to take measures to promote the sustainable development of communities and housing, including climate adaptive, low-carbon and affordable housing, that are well served by schools, infrastructure that promotes and facilitates cycling or walking, public transport and public amenities;

(h) to acquire relevant public land;

(i) to acquire and hold other land, and to dispose of land owned by the Agency, where to do so is necessary or expedient for the purposes of performing its functions;

(j) to enter into commercial contracts and other commercial arrangements (including joint ventures) with local authorities or other parties for the purposes of performing its functions;

(k) to support the implementation of the National Planning Framework;

(l) without prejudice to the generality of paragraph (k), to advise the Government and, as appropriate, the Minister on the following in support of the implementation of the National Planning Framework:

(i) the management and use of relevant public land;