Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

Section 24 amends section 48 of the principal Act which provides for development contribution schemes to be drawn up by each planning authority and approved by the elected members following a public consultation process. The Bill redefines the definition of public infrastructure and facilities to provide local authorities with greater flexibility to use development levies, if needed, on a broader range of infrastructure such as flood relief work, broadband provision and school sites. Amendment No. 26 seeks to extend the definition of "public infrastructure and facilities" further to include the provision of facilities for physical activity to promote a healthy lifestyle. We discussed this amendment in detail on Committee Stage.

The Planning and Development Acts already provide for the provision of facilities for physical activity. There is nothing to prevent the locally elected members including such facilities in the development contribution scheme, if they so wish. The Minister has already stated his intention to provide statutory guidance under section 28 of the planning Acts with regard to development levies. This guidance will provide the appropriate mechanism to elaborate further on what is meant by recreational facilities and will include specifically, but not necessarily be confined to, the provision of facilities for physical activity to promote a healthy lifestyle. It is the reserved function of the elected members in each authority to specify the nature of such facilities in their adopted scheme. On that basis I will not accept the amendment.

I would like to put some additional information on the record. Section 48(1) of the Planning and Development Act 2000 provides that a planning authority may, when granting a permission under section 34, include conditions for requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in an area of the planning authority and that is provided, or that it is intended will be provided, on behalf of a local authority, regardless of other sources of funding for the infrastructure and facilities.

Section 48(17) of that Act defines public infrastructure as "(a) the acquisition of land, (b) the provision of open spaces, recreational and community facilities and amenities and landscaping works, (c) the provision of roads, car parks, car parking places, sewers, waste water and water treatment facilities, drains and watermains, (d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for those facilities), infrastructure to facilitate public transport, cycle and pedestrian facilities, and traffic calming measures, (e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, sewers, waste water and water treatment facilities, drains or watermains, and (f) any matters ancillary to paragraphs (a) to (e).

Section 48 of the Planning and Development Act 2000 provides for development contribution schemes to be drawn up by each planning authority and approved by the elected members following a public consultation process. It is a matter for the members of the planning authority to determine the level of contribution and the types of development to which they will apply. Planning authorities may levy development contributions in respect of public infrastructure and facilities provided by, or on behalf of, the local authority that benefit development in the area, including recreational facilities. It is a reserved function of elected members in each authority to specify the nature of such facilities in their adopted scheme. I wanted to put on the record that local authorities have a reserved function pertinent to this situation and the opportunity is there for them to avail of this facility.