Harris exempts land at TU Dublin college on Aungier St from ‘social and affordable’ housing law

Taoiseach Simon Harris has signed a legal order exempting a large parcel of State land at the TU Dublin college on Aungier Street from “social and affordable” housing law when the property transfers to new owners.

The move is part of a deal in which developers hired to design, build and finance the next phase of the Grangegorman campus in the north city will receive ownership of the Aungier Street site as “primary consideration” for their work.

Although the measure means the State-controlled Grangegorman Development Agency (GDA) can realise “full market value” from the site, it will curtail the availability of public land in central Dublin for social and affordable housing.

The move came under the Land Development Agency (LDA) Act of 2021, which established the State body responsible for building social and affordable homes on public land. The LDA has been criticised for the slow delivery of new homes.

Asked why an exemption was granted in the middle of a housing crisis, the Taoiseach’s spokesman said: “This was a decision of Cabinet on the recommendation of the line Minister.”

Citing a request from Minister for Housing Darragh O’Brien, the exemption order excludes Aungier Street from LDA laws requiring 100 per cent social and affordable housing on relevant Dublin land.

The Aungier Street site, at the historic location of the former Jacob’s biscuit factory, accommodates some 5,000 business students in a campus extending almost to 26,000sq m near St Stephen’s Green.

A public tender process is under way for new Grangegorman buildings, to be known as “West Quad”, which will be the next location for the TU Dublin business college.

Mr O’Brien’s department said the LDA found “viability challenges” in an Aungier Street site assessment, saying the long-standing relocation plans “predated the LDA Act”.

Such challenges were identified “particularly in relation to the cost of adapting the property to residential use”, the LDA said in reply to questions. “Following the assessment, the LDA notified the GDA that it would not be seeking to acquire the property,” the LDA added.

The Department of Housing acknowledged the law provides that planning permission for five or more dwellings on relevant land “must have a specified percentage” used for social and affordable homes but said the Government may exempt a parcel of land.

“This allows the relevant public body to dispose of the site at full market value. Lands referred to in the Grangegorman Development Agency Act were specifically listed as being suitable for such an exemption in the LDA Act 2021, mindful of these long-standing plans,” it said.

The department said GDA confirmed it would proceed with plans to dispose of the property and to seek an exemption from the LDA Act.

For its part, the GDA said Aungier Street was subject to an “ongoing property exchange procurement process” and added that the proceeds from property disposal “are to benefit the Grangegorman project”.

The agency added: “Following discussions with the LDA, it was agreed to make the submission to the Minister to exempt the lands at Aungier Street from LDA Act Part 9 provisions for housing as allowed for within the LDA Act.”

The department said the Government was “firmly committed” to using vacant or underutilised lands in State ownership for housing.

“Good progress is being made on transferring lands to the LDA and constructing homes, such as in Cork where the first phase of a total expected delivery of 265 homes is under construction at St Kevin’s Hospital and in Naas where 219 homes are being delivered at Devoy Barracks,” the department added.