Planning and Development (Amendment) Act 2010

31.

Amendment of section 49 of Principal Act.

31.— Section 49 of the Principal Act is amended—

( a) by the substitution of the following subsections for subsection (1)—

“(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.”,

( b) by the insertion of the following new subsection after subsection (3):

“(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.”,

and

( c) in subsection (7) by the substitution of the following paragraphs for paragraph ( c)—

“( c) the provision of particular new sewers, waste water and water treatment facilities, service connections or watermains and ancillary infrastructure,

( d) the provision of new schools and ancillary infrastructure.”.