James Reilly (Dublin North, Fine Gael)
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Question 392: To ask the Minister for the Environment, Heritage and Local Government if he has resolved the issue whereby approximately €73 million in development levies were collected by Fingal County Council from developers and builders and a letter issued from the his Department under instruction from him instructing Fingal County Council to maintain the balance in its accounts at the time of the said letter and to have the same balance in its accounts at the year end, effectively freezing €73 million in development levies, €50 million plus of which Fingal County Council have contracted infrastructural works and community facilities; and if he will make a statement of clarification on the matter and communicate same to Fingal County Council in order that they may proceed with their plans. [24786/09]

Leo Varadkar (Dublin West, Fine Gael)
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Question 417: To ask the Minister for the Environment, Heritage and Local Government the reason Fingal County Council may not spend the €70 million which it has collected from development levies on capital projects in the county; and if he will make a statement on the matter. [25095/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 392 and 417 together.

In February 2009, my Department set out details of the financial requirements for local authorities relating to the overall management of their capital and current accounts. These arise from the requirements for Government finances as a whole to be managed in accordance with the Stability and Growth Pact established under the Maastricht Treaty, and the associated limitation on budget deficits. This is not a new requirement for 2009, but current economic and budgetary considerations require all sectors, including local authorities, to ensure effective control and management of public finances.

In order to stay within the overall limit for the General Government Balance, it is necessary for local authorities to manage their finances and to maintain their current and capital accounts broadly in balance for 2009. Within this general requirement, there is capability for borrowing by local authorities for capital infrastructure. To achieve the objective of the aggregate change in the General Government Balance, my Department is issuing loan sanctions allocated for capital projects on a prioritised basis.

Development contributions have been an important addition to the capital funding resource of local authorities but they are only one element. Local authorities generate capital income from a variety of sources. The only restriction on local authorities is that in aggregate capital income equal capital expenditure in the year. There is no restriction on Councils spending Development Contributions as balance is only required at an overall level. These requirements do not conflict with the continuing emphasis on capital investment in necessary infrastructure critical to economic recovery and sustaining the economy at local level. The Government and local authorities will continue to progress capital investment projects that can maximise economic, social and environmental returns. Accordingly, the prioritisation of investment opportunities, and targeting of available resources to labour intensive activity and the support of economic recovery, will continue to be the key focus of capital expenditure in the local government sector.

My Department will continue to work closely with local authorities, including Fingal County Council, to ensure that within the overall financial limits to be met, decisions on these matters are taken in a way which gives the necessary prioritisation to environmental, economic and social infrastructure as part of the overall contribution to economic recovery.

Richard Bruton (Dublin North Central, Fine Gael)
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Question 394: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the request by Dublin Port for permission to fill in 52 acres of Dublin Bay as a strategic infrastructure of national importance; if his Department, which is currently engaged in strategic planning exercises for the bay and port, has made a submission to the board or has sought the port to postpone consideration until his strategic planning exercises are complete and can inform the decision of the board; and if he will make a statement on the matter. [24397/09]

John Gormley (Dublin South East, Green Party)
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As Minister for the Environment, Heritage and Local Government, I am precluded, under section 30 of the Planning and Development Act, 2000, from exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned. My Department understands that Dublin Port Company made an application to An Bord Pleanála in August 2008 under the Strategic Infrastructure Act for the development concerned. As a statutory consultee under Article 213(1)(a) of the Planning and Development Regulations 2006, the National Parks and Wildlife Service (NPWS) of my Department made a submission to the Board in relation to the potential implications of the proposal for the designated bird habitats in Dublin Bay.

In relation to strategic planning exercises on Dublin Bay, I take it the question refers to the Dublin Port Study provided for under the National Development Plan and the work of the Dublin Bay Task Force. I understand that the Minister for Transport has recently received the Port Study and hopes to be in a position to publish its findings in the near future. I have recently received an update report from the Dublin Bay Task Force. In accordance with Section 26 of the Strategic Infrastructure Act 2006, an Bord Pleanála is required to have regard to the policies and objectives of the Government, a State authority, the Minister, planning authorities and any other public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural.