Barry Cowen (Laois-Offaly, Fianna Fail) | Oireachtas source

Wicklow County Council states the development levies were and are a charge on the property itself, not on an individual or developer, and that there was an obligation to pay the contributions. Dublin City Council said its policy was not to pursue householders but that it was pursuing developers for outstanding levies. Other councils, including those of Fingal and Dún Laoghaire-Rathdown, said they were unable to be definitive about their approaches to the issue but that they were doubtful that the charges would be passed on to householders in the event of default by developers.

Payment of levies is one of the conditions imposed in acquiring planning permission. It appears that actions being taken by Wicklow County Council and not only unfair but also completely wrong. Development levies should not fall on the homeowner. The actions taken by Wicklow County Council raise a number of questions that demand urgent clarification from the Minister. Homeowners around the country deserve legal clarification on this matter in light of the fact that other councils around the country have yet to rule out following the same path as the one in Wicklow.

For most sales to be completed, a certificate of compliance must be acquired by the purchaser to demonstrate compliance with planning and building regulations. This includes planning permission and, therefore, the payment of levies. This raises an issue as to whether the solicitor is responsible for signing off on the sale or the person who provided the certificate of compliance. Where does responsibility lie?

Has the Minister of State discussed this matter with Wicklow County Council or his Department? Can he show some leadership on this issue and clarify the matter forthwith? Can he clarify the matter such that we will not expect the contagion to spread to other counties tomorrow? We need clarification and the practice to be nipped in the bud today so we will know exactly the position and so the affected people can be assured they will not be liable. I refer to planning permission guidelines that may have applied 12 years ago and not only to the statute of limitations, which also needs clarification.

See this speech in context