Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank the four Deputies for raising this important issue. As soon as I heard about it I immediately sought clarification and information through my Department's officials.

I will first address the situation in Wicklow. It is important to point out in the first instance that Wicklow County Council has also initiated separate legal action against the original developer seeking payment of the full amount outstanding which runs to over €60,000. This matter is before the Circuit Court later this month and it would be inappropriate to comment further on this aspect. However, I understand also that it may now be possible for the original bond - approximately €60,000 - lodged by the developer to be accessed by Wicklow County Council and used to fund carrying out necessary works at the estate. I hope that a satisfactory outcome can be reached in this way. Like other Deputies, however, I very much regret what happened.

In general, development contributions in housing developments are attached as a condition of planning permission and are typically therefore required to be paid by the person carrying out the development in advance of construction starting. In the case of one-off houses, the developer and the homeowner is generally the same person so the situation is different. The payment of development contributions is a long standing part of the planning system, dating back to the Planning Act 1963. Since the 2000 Act, each planning authority must have a development contributions scheme in place setting out how development contributions will apply in their area. The purpose of levying development contributions is to provide a mechanism by which developers can contribute to the cost of providing public infrastructure and facilities that benefit development in the area.

Wicklow County Council wrote to 24 homeowners in the Brook Meadow housing estate near Avoca in May 2012 to inform them that the council was of the view that their properties were in breach of the planning permission as a result of non-payment of the development contribution. The letters were issued under section 152 of the Planning and Development Acts 2000-2012. These are known as "warning letters" and mark the initial stage in the planning enforcement process. While the adoption of the development contribution scheme is a matter for elected members of the planning authorities, I have written to all planning authorities, including Wicklow County Council and South Dublin County Council, in order to establish the approach being adopted more generally by local authorities to the issue of liability for unpaid development contributions in multi-unit housing developments. I await the replies from all the councils, and I will return to this issue when I receive them.

Deputies will also be aware that I recently issued new guidelines relating to development levies which, for example, put a strong emphasis on job creation projects and on town centres. However, I appreciate that this issue arises under earlier guidelines and legislation. It is a very important issue and I understand why Deputies are seeking clarification.

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