Noel Ahern (Dublin North West, Fianna Fail)
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Question 174: To ask the Minister for the Environment, Heritage and Local Government the position in relation to the raising of financial contributions in the case of €36,000 for three prefab buildings against a school (details supplied) in Dublin 3, a voluntary body being the school's board of management; if, from a planning aspect, this is correctly charged; if there is a process to pursue a waiver exemption or reduction for a school or voluntary body; the process in relation to same; if it is reasonable to expect a body to fundraise for this; if planning approvals for prefab schools are always temporary; if full approval will be given; if limited five year approvals are the usual case; and if he will make a statement on the matter. [21981/09]

John Gormley (Dublin South East, Green Party)
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Under section 30 of the Planning and Development Act 2000, I may not exercise any power or control in a particular case with which a planning authority or An Bord Pleanála may be concerned.

The Planning and Development Act 2000 introduced changes to the operation of the development contributions system, including the introduction of a statutory requirement that such contributions may now be levied only in accordance with a development contribution scheme drawn up by the planning authority and approved by the elected members following a public consultation process.

Section 48 (3)(c) of that Act states that a development contribution scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provisions of the scheme.

The adoption of development contribution schemes is a reserved function of the locally elected members of each planning authority. It is a matter for the members to determine the level of contribution and the extent, if any, of contribution waivers and the types of development to which they will apply. Details of individual development contribution schemes are available directly from each planning authority.

It is open to an applicant for planning permission to appeal a planning decision to An Bord Pleanála if the applicant considers that the terms of a development contribution scheme or supplementary development contribution scheme have not been properly applied in respect of any planning condition laid down by the planning authority.

Class 20B of the Planning and Development Regulations 2008 provides an exemption, following a grant of permission or outline permission for a permanent structure, for the use of a temporary school structure up to a maximum of 50% of the size, and up to same height, of the proposed permanent structure. This exemption is for a five year period only.