George Lee (Dublin South, Fine Gael)
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Question 382: To ask the Minister for the Environment, Heritage and Local Government if he has the power to veto a section 49 scheme if it is not financially viable; and if he will make a statement on the matter. [41331/09]

George Lee (Dublin South, Fine Gael)
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Question 383: To ask the Minister for the Environment, Heritage and Local Government if the information contained in circular letter PD 5/2007 of 9 May 2007 is legally binding; and if he will make a statement on the matter. [41332/09]

George Lee (Dublin South, Fine Gael)
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Question 393: To ask the Minister for the Environment, Heritage and Local Government if the contributions charged by a local authority (details supplied) for planning permission will be reduced in view of exceptional circumstances; and if he will make a statement on the matter. [41532/09]

John Gormley (Dublin South East, Green Party)
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I propose to answer Questions Nos. 382, 383 and 393 together.

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 water mains 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.

Circular letter PD 5/2007 was issued by my Department as a guidance note to local authorities, on foot of deliberations by an Inter-Departmental Committee on Development Contributions. A development levy is attached by way of a condition to a planning permission issued by planning authority. 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.