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Dublin City Council Motions on the LDA - March 2021

09 March 2021

Motion No.1:

Dublin City Council is opposed to the Land Development Agency Bill.

Dublin City Council believes the Bill is fundamentally flawed. The Land Development Agency will erode local democracy and further undermine Dublin City Council's ability to deliver social and affordable housing on public land.

Key concerns with the Bill include that there is no commitment to delivering a majority of social housing on public land, no meaningful definition of affordable housing, the removal of power from elected councillors in terms of land transfers to the LDA and LDA having to pay full market value for land it acquires.

Dublin City Council are also concerned with the lack of transparency and accountability, particularly with respect to LDA subsidiaries not being subject to FOI and the LDA not being subject to the Lobby Register.

Dublin City Council urges the Government to scrap the Bill and to fund a housing programme that delivers adequate, good quality social and real affordable housing that meets the housing needs of Dublin City.

Dublin City asks that An tArd Mheara writes to the Minister for Housing Darragh O’Brien expressing our concerns at the Land Development Agency Bill.

Submitted by: Cllr. Daithí Doolan, Cllr. Janice Boylan, Cllr. Daniel Céitinn, Cllr. Anthony Connaghan, Cllr. Máire Devine, Cllr. Micheál MacDonncha, Cllr. Séamas McGrattan, Cllr. Larry O'Toole

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Motion No.2:

Dublin City Council recognising the scale of the Housing crisis reaffirms its commitment to work with Government and all relevant agencies towards delivering new housing units and in particular ensuring that sufficient Social and Affordable housing is built for those in need of same.

Recognizing however its duty to use Council property in the best interests of society this Council rejects the provisions contained in the Land Development Agency 2021 Bill published by the Government removing the role of the elected members of Local Authorities in approving the transfer or sale of lands to the Land Development Agency.

 The Council further agrees to write to the Minister for Housing, Local Government and Heritage urging a removal of that provision and to ensure that elected Councillors retain the right to control such sales or transfers and be able to prepare and plan for appropriate housing delivery on Council owned lands and requests a meeting with the Leaders of the Parties in Government to express other ways in which we can progress the supply of housing. The Council further agrees to circulate this motion to each Local Authority and the Association of Irish Local Government requesting their support for this.

Submitted by: Cllr. Dermot Lacey, Cllr. Joe Costello, Cllr. Kevin Donoghue, Cllr. Mary Freehill, Cllr. Alison Gilliland, Cllr. Jane Horgan Jones, Cllr. Darragh Moriarty

Cllr. Declan Meenagh

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Motion No.3:

That the members of Dublin City Council inform the Minister for Housing, Local Government and Heritage that the proposed provisions of the Land Development Agency Bill , insofar as they propose to disapply the Section 183 reserved function of Elected Members in relation to the disposal of (relevant) local authority held land to the Land Development Agency as provided for in Part 7, Section 56  of the Bill, is unacceptable, an affront to local democracy and a blatant attempt to further dilute the powers of democratically elected councillors.

The members further call on the Minister to immediately publish the legal opinion he received which suggests that assets of a local authority, and therefore indirectly the property of the people who elect councillors to protect these assets, could be sold/transferred to any new owner without due consideration, advice or a vote of the elected members..

Furthermore, in noting and acknowledging that members have been briefed on the contents of the Bill by the Law Agent, we instruct the Chief Executive to immediately obtain independent legal advice on the legality or otherwise of the specific proposal to disapply Section 183 provision of the Local Government Act 2001 insofar as it relates to the disposal of relevant public lands owned by DCC, such legal advice to include all actions/remedies, legal and otherwise, available to the members  to immediately challenge the proposed provisions.

Submitted by: Cllr. Cieran Perry, Cllr. Christy Burke, Cllr. Anthony Flynn, Cllr. Vincent Jackson, Cllr. John Lyons, Cllr. Sophie Nicoullaud, Cllr. Damian O’Farrell, Cllr. Noeleen Reilly, Cllr. Nial Ring, Cllr. Pat Dunne

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Motion No.4:

Dublin City Council agrees that through the proposed LDA legislation a vehicle will be established that will facilitate the privatisation of lands owned by the local authority and as such should be rejected. 

Submitted by: Cllr. Hazel de Nortúin, Cllr. Tina MacVeigh

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Motion No.5:

That Dublin City Council recognises that Section 183 of the Local Government Act, is one of the most important reserved functions delegated to elected members.

- That this Council opposes the provisions in the Land Development Agency 2021 Bill (to be enacted) which overrides the decision making of elected members regarding the transfer or sale of public land. That this Bill would further undermine local democracy and the work of our Council Executive in the proper planning of our city and our local communities.

- That this Council will continue to actively engage with the Department of Housing, Local Government and Heritage to utilise and implement housing models that will provide social and affordable housing for the people of Dublin and retain the ability to plan for the associated infrastructure of such developments.

- That this City Council agrees to write to the Minister for Housing, Local Government and Heritage demanding an immediate halt to the progression of the Land Development Agency Bill 2021, that the Minister engage in consultation with Local Authorities and that the Council invites the Minister to meet with Councillors to discuss this further.

Submitted by: Cllr. Mary Callaghan, Cllr. Tara Deacy, Cllr. Cat O'Driscoll, Cllr. Patricia Roe, Cllr. Catherine Stocker

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Motion No. 6:

That Dublin City Council;

  • welcomes the Land and Development Agency (“LDA”) being placed on a permanent statutory footing and the 4,000 new LDA developed homes across 9 sites that are already at pre-construction, planning or pre-planning stage;
  • supports the establishment of a single inventory of all relevant public lands across government departments, state agencies, universities and local authorities to identify their potential for the construction of affordable homes and development of sustainable communities;
  • acknowledges that the LDA are already due to commence in the first half of this year, the construction of 100% public homes on public land in Shanganagh through the construction of 597 social and affordable homes;
  • notes that the LDA cost-rental homes in Shanganagh are estimated to be charged at €1,000 a month for one-bed units, which represents over half the average market rent in Dublin, and that the rent charged could be lower again with an increased serviced site fund for Dublin or additional structural changes;
  • recognises the urgent need to deliver affordable rental and affordable purchase homes at scale in Dublin city; and
  • calls on the Minister to double the serviced site fund for Dublin from €50,000 per unit to €100,000 to address the affordability crisis in our city.

Submitted by: Cllr. Ray McAdam, Cllr. Danny Byrne, Cllr. Anne Feeney, Cllr. Declan Flanagan, Cllr. Terence Flanagan, Cllr. James Geoghegan, Cllr. Paddy McCartan, Cllr. Naoise Ó Muirí, Cllr. Colm O’Rourke

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Motion No.7:

Dublin City Council calls on the government to amend the Land Development Agency Bill 2021 to ensure that disposal of land remain a reserved function of councillors.

Further, the City Council calls on government to ensure that the Land Development Agency will:

(a) focus on the development of lands for well-designed, sustainable, energy efficient public housing, including social, cost rental, and assisted living,

(b) improve access to and provision of high-quality green space,

(c) that the local authority remain the primary body responsible for provision of social and public housing.

Submitted by: Cllr. Claire Byrne, Lord Mayor Hazel Chu, Cllr. Caroline Conroy, Cllr. Donna Cooney, Cllr. Dearbháil Butler, Cllr. Janet Horner, Cllr. Darcy Lonergan, Cllr. Carolyn Moore, Cllr. Michael Pidgeon

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Motion No. 8:

That this City Council welcomes the publication of the Affordable Housing Bill 2020 and noting the introduction of the Land Development Agency Bill 2020, calls on the Minister for Housing, Local Government and Heritage to re-examine the inclusion of that set out in section 56 of the Bill which excludes the application of section 183 of the Local Government Act 2001 in relation to local authority land.

Submitted by: Cllr. Daryl Barron, Cllr. Racheal Batten, Cllr. Tom Brabazon, Cllr. Keith Connolly, Cllr. Deirdre Conroy, Cllr. Daithí de Róiste, Cllr. Deirdre Heney, Cllr. Briege MacOscar, Cllr. Eimer McCormack, Cllr. Claire O’Connor, Cllr. Michael Watters

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