Jack Wall (Kildare South, Labour)
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Question 299: To ask the Minister for the Environment, Heritage and Local Government the guidelines that an urban or county council must adhere to when determining community gain; if it is within the remit of the councillors or if it is by managerial order that community gain must be determined; if it is within the remit of councillors to accept a change in regard to community gain or if it is by managerial order that such changes would be accepted; and if he will make a statement on the matter. [3311/07]

Dick Roche (Wicklow, Fianna Fail)
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Planning gain or community gain can arise in a variety of ways, including in the course of decisions by the new Strategic Infrastructure Division of An Bord Pleanála and under planning permissions granted by local authorities. The concept is generally taken to refer to provisions to be made by developers which are not strictly integral to a development, but which are of benefit to the community (e.g. transfer of specified land or buildings for public use) and may be accepted as part of a permitted development.

In so far as planning authorities are concerned, my Department's Draft Development Management Guidelines for Planning Authorities, which will shortly be issued in final form, set out policy in relation to planning gain. While community gain may be validly targeted by planning authorities, it is also important to ensure that the decision to grant or refuse planning permission is not itself contingent on an offer of planning gain. Planning gain arises directly in relation to the grant of a planning permission, which is normally an executive (managerial) function. However, it would also be good practice for a planning authority to set out its policy in this regard in the development plan adopted by the elected members.