Urban Regeneration and Housing Act 2015

29.

Amendment of section 48 of Act of 2000 - development contributions

29. Section 48 (as amended by section 30 of the Act of 2010) of the Act of 2000 is amended by inserting after subsection (3) the following:

“(3A) Where a permission which includes conditions referred to in subsection (1) has been granted under section 34 in respect of a development and the basis for the determination of the contribution under subsection (1) has changed—

(a) where the development is one to which Part II of the Building Control Regulations 1997 ( S.I. No. 496 of 1997) applies and a commencement notice within the meaning of that Part in respect of the development has not been lodged, or

(b) where the development comprises houses and one or more of those houses has not been sold,

the planning authority shall apply that change to the conditions of the permission where to do so would reduce the amount of the contribution payable.

(3B) Where a development referred to in subsection (3A) comprises houses one or more of which has not been sold the planning authority shall apply the change in the basis for the determination of the contribution referred to in that subsection only in respect of the unsold houses.

(3C) Where the planning authority applies a change in the basis for the determination of a development contribution under subsection (3A) it may amend a condition referred to in subsection (1) in order to reflect the change.”.