Written answers

Thursday, 13 July 2017

Department of Housing, Planning, Community and Local Government

Development Contributions

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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1331. To ask the Minister for Housing, Planning, Community and Local Government the provisions within national planning legislation to ensure developers of large residential developments have to contribute towards the development of new school place and school amenities that are required as the result of the new population in an area; and his views on whether there should be provision under Part V or section 48 of the Planning and Development Act 2000 to ensure a development contribution is made to local school facilities. [34830/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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It is important to ensure that the planning process supports the provision of necessary community facilities in parallel with housing developments.

In this context, under section 48(1) of the Planning and Development Act 2000, as amended, there is provision for the attaching of conditions to planning permissions, requiring the payment of a development contribution in respect of public infrastructure and facilities, provided by or on behalf of a local authority, which benefit development in the area of the planning authority, including the provision of open spaces, recreational and community facilities and amenities and landscaping works. Furthermore, subsection (17)(g) of section 48 of the 2000 Act specifically allows local authorities to levy development contributions to fund infrastructure such as the provision of school sites. Section 49(1) and subsection (7)(d) of section 48 of the Act of 2000 also provide for the adoption of supplementary development contribution schemes by a local authority, whereby contributions can be levied, if necessary, to fund the provision of new schools and ancillary infrastructure.

The purpose of Part V is that developers should contribute a portion of the “planning gain” associated with the zoning of the land and the grant of planning permission towards the provision of social and/or affordable housing, in the interests primarily of greater social integration. Planning authorities have been advised that they should prioritise the provision of social houses on individual development sites when making Part V agreements. The provision of schools is a separate issue, which is not in my view appropriate to the specific Part V provisions.

I have no plans at present to amend the legislation in this regard. I consider there is sufficient flexibility provided under the 2000 Act as outlined above for the levying of development contributions towards school sites, schools and ancillary infrastructure, and this is a matter for each planning authority to consider in the context of their statutory planning functions.

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