Niall Collins (Limerick County, Fianna Fail)

I thank the Deputy for raising this issue. I note he is raising it in conjunction with his two colleagues, who, unfortunately, are not here to partake. I recall that my Fianna Fáil colleague, the other TD in the area, Tom Brabazon, raised this issue at a Fianna Fáil party meeting recently when we were discussing the whole area of sustainable communities.

In the first instance it should be noted that the provision of amenities and services is a core element of the statutory plan-making process by local authorities and is key to promoting the development of balanced and sustainable communities. Section 10 of the Planning and Development Act 2000 requires planning authorities to include objectives in their development plan to integrate social, community and cultural objectives with planning for residential and other development. The section further provides that objectives must also be included for the preservation, improvement and extension of amenities and recreational amenities. In practice, planning authorities comply with these requirements through the inclusion in their plan of relevant objectives, policy support and development management standards for such amenities and services, including within new residential developments, as well as identifying suitable locations for such facilities on a stand-alone basis through the zoning of land for recreation, social and community uses.

The Department of Housing, Local Government and Heritage has provided formal guidance to planning authorities on the preparation of development plans, including on the provision of accompanying amenities for new communities, through the Development Plans - Guidelines for Planning Authorities 2022. These guidelines were issued under section 28 of the Planning and Development Act 2000 and planning authorities are required to have regard to them in the performance of their functions. As noted in these guidelines, the implementation of the development plan is a key strategic focus for the relevant local authorities, Dublin City Council and Fingal County Council in this instance, and they must use their wide range of functions in housing, transport, amenities development and infrastructural delivery to achieve the objectives of the plan, including in relation to the provision of amenities.

The making of a development plan is a reserved function of the elected members of each planning authority. A planning authority or An Coimisiún Pleanála may also attach a condition to a grant of planning permission requiring the payment of a contribution in respect of public infrastructure and facilities that it is intended will be provided by or on behalf of a local authority. This may include open spaces and recreational and community facilities. The basis for such contributions is set out in a development contribution scheme as adopted by the elected members.

In addition, the Department of Housing, Local Government and Heritage provides funding to local authorities through the €2 billion Urban Regeneration and Development Fund, URDF, which is supporting a programme of significant transformational capital projects that will contribute to the regeneration and rejuvenation of Ireland's cities and other large towns, in line with the objectives of the national planning framework and the national development plan.

The Belmayne and Clongriffin areas were provided with funding through the Department's Local Infrastructure Housing Activation Fund, LIHAF, for improved local road access, pedestrian facilities and access to public transport in the area, including Clongriffin train station.

It is noted that, under section 213 of the Planning Act, a local authority is empowered, for the purposes of performing any of its functions, including giving effect to, or facilitating the implementation of, its development plan, to acquire land, permanently or temporarily, by agreement or compulsorily.

In accordance with section 63(3) of the Local Government Act 2001, local authorities are independent in the performance of their functions and the Minister for Housing, Local Government and Heritage has no role in relation to the planning or provision of amenities and services in individual local authority areas.

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