Written answers

Tuesday, 30 May 2017

Department of Housing, Planning, Community and Local Government

Development Contributions

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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214. To ask the Minister for Housing, Planning, Community and Local Government his views on the introduction of development levies for farm buildings by local authorities; and if he will make a statement on the matter. [25313/17]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Development contributions provide critical resources to facilitate the provision of essential public infrastructure and facilities that support the implementation of local authority development plans. My role as Minister with regard to development contributions is to provide the necessary statutory and policy framework within which individual development contribution schemes are adopted by each local authority. 

Section 48(2)(b) of the Planning and Development Act 2000, as amended, provides that a development contribution scheme, applied by a planning authority in respect of its functional area, may make provision for payment of different contributions in respect of different classes or descriptions of development.  The Act also requires that schemes state the basis for determining contributions and that they have regard to the actual estimated cost of providing the various classes of public infrastructure and facilities. The level of contribution, and the types of development to which development contributions should apply including any exemptions from charging in specific circumstances if that is deemed appropriate, are therefore determined at local authority level, in accordance with the powers vested in elected members in this regard.

My Department issued statutory guidelines to planning authorities in January 2013 under section 28 of the Planning and Development Act on the implementation of development contribution schemes. Adherence to a consistent cost allocation methodology outlined in the guidelines is strongly recommended. The guidelines further advise that, in deciding within the non-residential categories of development works how costs are to be attributed, the intensity of infrastructural usage by different categories of, for example, employment related activity should be taken into account.

The majority of development contribution schemes adopted by planning authorities currently provide for charges in respect of certain agricultural buildings or development within their functional areas. I understand that the draft scheme currently in preparation by Kerry County Council proposes to apply development contribution charges for new farm buildings (excluding silos, yards, silage bases and slurry pits or towers), on the basis that they are a form of commercial development, with such charges being required for the purpose of contributing towards the provision of roads and transport infrastructure and facilities.

Section 48(4) of the Act of 2000 requires planning authorities to publish a draft development contribution scheme for public consultation, while section 48(5) provides that the Minister may make recommendations in relation to a draft scheme. However, it is ultimately a matter for the elected members of a planning authority to adopt a development contribution scheme as a reserved function, having regard to any recommendations made by the Minister and the Chief Executive's report on the public consultation process.

I am satisfied that the existing statutory and policy framework in this regard strikes the right balance between ensuring a transparent and broadly consistent levying of development contributions across the country, while also affording each local authority sufficient flexibility and discretion in the application of development contributions within their own respective functional areas.

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