Noel Ahern (Dublin North West, Fianna Fail)
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Question 172: To ask the Minister for the Environment, Heritage and Local Government if he will clarify the position of the metro levy as introduced by Fingal County Council and other Dublin local authorities under section 49 of the Planning and Development Act 2000; if it is appropriate to include this in approvals already granted local authority planning approval; if a subsequent An Bord Pleanála decision can be used as a back door method of introducing a levy that was not in force at date of planning approval; if the size or amount of the levy should relate to the capital cost of the proposed development; if same was considered at time of passing of the Act; his views on whether it is in accordance with the spirit of the Act that a €2 million development should bear a levy of almost €900,000; his further views on whether it is appropriate to levy recycling facilities which will not benefit from the facility of Metro north and to penalise the provision of recycling facilities in this way; if the levy should apply to residential, retail and commercial developments which benefit directly from the metro provision, in that their development improves from a marketability point of view; if this recycling facility will be grant aided by him to the level of the proposed levy to allow the recycling facility to proceed; if he will set up consultations with all parties concerned to bring about an agreed solution, allow provision of development and remove this bureaucratic log jam; and if he will make a statement on the matter. [25363/09]

John Gormley (Dublin South East, Green Party)
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As Minister, my role is to provide the necessary statutory and policy framework within which individual development contribution schemes are adopted by each local authority. Section 48 of the Planning and Development Act 2000 provides that 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, public transport facilities and water facilities, including water and waste water treatment facilities, drains and watermains and any matters ancillary to these.

Section 49 of the Act provides for the drawing up of a supplementary development contribution scheme in order to facilitate a particular public infrastructure service or project which is provided by a local authority. The adoption of development contribution schemes is a reserved function of the locally elected members of each planning authority and it is a matter for the members to determine the level of contribution and types of development to which they will apply. An Bord Pleanála is required to consider the planning application, the subject of the appeal, de novo. In view of this fact, the Board is permitted to attach conditions, including development levy conditions, to permissions, in line with relevant legislation, that may or may not have been originally attached by the Planning Authority.

Section 48 (3)(b) of the Planning and Development Act 2000 ensures that, in stating the basis for determining the contributions, the planning authority must have regard to the actual estimated cost of providing the classes of public infrastructure and facilities. Policy guidance on the issue was provided to planning authorities in the form of circular letters (PD 4/2003 and PD 5/2007) from my Department. 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.

My Department does not operate a system or scheme of grant assistance to fund private sector recycling centres. At present, grant assistance is only available to local authorities under the Waste Recycling Capital Grants Scheme (2007-2013). 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.