Jack Wall (Kildare South, Labour)
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Question 752: To ask the Minister for the Environment, Heritage and Local Government if, further to a recent High Court decision (details supplied) he will seek to address the problem created, in the Planning Bill, at Committee, Report and Final Stages; and if he will make a statement on the matter. [14486/10]

John Gormley (Dublin South East, Green Party)
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There are already a range of mechanisms in place under the Planning and Development Act 2000 to secure a planning gain for local authorities and communities from decisions taken by planning authorities, including section 48/49 development levy contribution schemes and the provision of land, sites, houses (or payment in lieu) at below market value for social and affordable housing. The Strategic Infrastructure Act 2006 also provides that conditions regarding community facilities can be attached to consent for strategic infrastructure under the Act. In addition, the National Asset Management Agency Act 2009 provides that a windfall tax rate of 80% applies to the portion of a profit or gain made on the disposal of land which is attributable to a rezoning, where both the rezoning and the disposal giving rise to the windfall occur after 30 October 2009.

There are no proposals for legislative amendments to the Planning and Development (Amendment) Bill to address the issue raised in the question.