Planning and Development Act 2000

Supplementary development contribution schemes.

49

49.F383[(1) A planning authority may, when granting a permission under section 34, include conditions requiring the payment of a contribution in respect of any public infrastructure service or project

(a) specified in a scheme made by the planning authority (in this section referred to as a supplementary development contribution scheme),

(b) provided or carried out or proposed to be provided or carried out

(i) by a planning authority,

(ii) where the provision of the infrastructure concerned is an objective in the development plan of a planning authority, or of a planning scheme of the Dublin Docklands Development Authority under section 25 of the Dublin Docklands Development Act 1997, by a public authority, or, pursuant to an agreement entered into by a public authority with any other person, by that person, or

(iii) pursuant to an agreement entered into by a local authority with any other person, by that person,

and

(c) that will benefit the development to which the permission relates when carried out.

(1A) In this section, public authority means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section. ]

(2) (a) The amount, and manner of payment, of a contribution under subsection (1) shall be determined in accordance with a supplementary development contribution scheme.

(b) A supplementary development contribution scheme shall specify—

(i) the area or areas within the functional area of the planning authority, and

(ii) the public infrastructure project or service,

to which it relates, and more than one such scheme may be made in respect of a particular area.

(c) A supplementary development contribution scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development.

(3) Subsections (3), (4), (5), (6), (7), (8), (9), (10), (11) and (15) of section 48 shall apply to a scheme subject to—

(a) the modification that references in those subsections to a scheme shall be construed as references to a supplementary development contribution scheme,

(b) any other necessary modifications, and

(c) the provisions of this section.

F384[(3A) Notwithstanding subsection (3) and section 48(10), the Board shall consider an appeal brought to it by an applicant for permission under section 34, in relation to a condition requiring the payment of a contribution in respect of a public infrastructure service or project specified in a supplementary development contribution scheme, where the applicant considers that the service or project will not benefit the development to which the permission relates and section 48(13) shall apply to such an appeal.]

F385[(3AA) Subsections (3A), (3B) and (3C) of section 48 shall apply where the basis for the determination of a contribution under subsection (1) has changed subject to

(a) the modification that references in those subsections to a contribution shall be construed as references to a contribution to a supplementary development contribution scheme,

(b) any other necessary modifications, and

(c) the provisions of this section.]

(4) (a) A planning authority may enter into an agreement with any person in relation to the carrying out, or the provision, as may be appropriate, of a public infrastructure project or service.

(b) Without prejudice to the generality of paragraph (a), an agreement may make provision for—

(i) the manner in which the service or project is to be provided or carried out, as the case may be, including provision relating to construction or maintenance of any infrastructure or operation of any service or facility,

(ii) arrangements regarding the financing of the project or service and the manner in which contributions paid or owed to a planning authority pursuant to a condition under subsection (1) may be applied in respect of that project or service,

(iii) the entry into such further agreements as may be necessary with any other person regarding the financing and provision of such service or carrying out of such project,

(iv) the entry into force, duration and monitoring of the agreement (including the resolution of disputes).

(5) A planning authority shall not, pursuant to a condition under subsection (1), require the payment of a contribution in respect of a public infrastructure project or service where the person concerned has made a contribution under section 48 in respect of public infrastructure and facilities of which the said public infrastructure project or service constituted a part.

(6) A planning authority may, at any time, by resolution, amend a supplementary development contribution scheme for the purpose of modifying the manner of determining a contribution pursuant to a condition under subsection (1) where the cost of carrying out or providing, as the case may be, the public infrastructure project or service is less than the cost that was estimated when the planning authority first determined the amount of the contribution.

(7) In this section, “public infrastructure project or service” means—

(a) the provision of particular rail, light rail or other public transport infrastructure, including car parks and other ancillary development,

(b) the provision of particular new roads,

F386[(c) the provision of new surface water sewers and ancillary infrastructure,]

F383[(d) the provision of new schools and ancillary infrastructure. ]

Annotations

Amendments:

F383

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 31(a) and (c), S.I. No. 477 of 2010.

F384

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 31(b), S.I. No. 477 of 2010.

F385

Inserted (1.09.2015) by Urban Regeneration and Housing Act 2015 (33/2015), s. 30, S.I. No. 364 of 2015.

F386

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 28(3), S.I. No. 436 of 2018.

Modifications (not altering text):

C56

Certain functions transferred to Cork City Council as a result of the Cork City and Council areas boundary alteration (31.01.2019) by Local Government Act 2019 (1/2019), s. 31, S.I. No. 20 of 2019.

Planning applications and development contribution schemes

31. (1) For the purposes of the Act of 2000 or any instrument under that Act and subject to subsection (2), the county council shall, after the transfer day, be the planning authority in relation to any planning application made before the transfer day in respect of development or proposed development in the relevant area.

(2) (a) Subject to paragraph (b), the functions of a planning authority under the Act of 2000 shall, as respects—

(i) a decision under section 34 of that Act, or

(ii) a determination under section 37 of that Act,

made before the transfer day in relation to development or proposed development in the relevant area, be performable from that day by the city council.

(3) Any contribution—

(a) paid before the transfer day in accordance with section 49 of the Act of 2000 for the purpose of any public infrastructure service or project in the relevant area, and

(b) vested in the city council under Part 2,

shall be expended by the city council for that purpose.

(4) Any development contribution scheme under section 48 of the Act of 2000 or supplementary development contribution scheme under section 49 of that Act made by the city council shall, from the transfer day, apply to the relevant area as it applies to the rest of the functional area of the city council.

...

C57

Dublin Docklands Authority construed (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 7(2), commenced on enactment, S.I. No. 114 of 2016. The Council referred to is Dublin City Council (see s. 2).

Transfer of functions

7. (1) All functions that, immediately before the dissolution day, were vested in the Authority under subsections (1) (with the exception of functions vested under subparagraphs (i), (ii) and (iii) of paragraph (b)), (2), (3), (5) and (6) of section 18 of the Act of 1997 shall on that day stand transferred to the Council.

(2) References in any enactment (other than this Act) or instrument under an enactment to the Authority shall, to the extent that such references relate to a function transferred to the Council under this section, on and after the dissolution day, be construed as references to the Council.

Editorial Notes:

E194

Making or amending a supplementary development contribution scheme is a reserved function of local authorities as provided by Local Government Act 2001 (37/2001), ss. 131, 131A and sch. 14A part 3 item 72 as inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 41(4) and sch. 3, S.I. No. 214 of 2014.

E195

Previous affecting provision: subs. (7)(c) substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 31(a) and (c), S.I. No. 477 of 2010; substituted as per F-note above.

E196

Previous affecting provision: subs. (7)(c) amended (24.12.2002) by Planning and Development (Amendment) Act 2002 (32/2002), s. 11, commenced on enactment; substituted as per E-note above.