Seán Power (Kildare South, Fianna Fail)
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Question 207: To ask the Minister for the Environment, Heritage and Local Government if it is appropriate for a local authority to attach a condition to the granting of a planning application seeking full payment of levies where a change of use is sought, planning permission was previously granted, all conditions attaching to that planning permission were complied with, no further improvement to the local infrastructure is required, no further expenditure is required from the local authority; and if he will make a statement on the matter. [40404/10]

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 215: To ask the Minister for the Environment, Heritage and Local Government if the publication of a draft development levy scheme is a reserved function of a local authority; and if he will make a statement on the matter. [40462/10]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 207 and 215 together.

The adoption of individual 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 types of development to which they apply. Section 149 of the Local Government Act, 2001 provides that every function of a local authority which is not a reserved function is an executive function of the local authority. The publication of a draft development contribution scheme is an executive function of the local authority.

A development contribution must be attached to a permission for a change of use where this is specified in the relevant development contribution scheme, subject to any waivers provided in the scheme. If the elected members consider that this is inequitable, it is open to them to amend the scheme when it comes up for review.