Paula Butterly (Louth, Fine Gael)
Link to this: Individually | In context | Oireachtas source

275. To ask the Minister for Housing, Planning, and Local Government if he will consider introducing stronger requirements to ensure essential infrastructure, such as public lighting, footpaths, crèche facilities and community amenities, are completed before or during construction, prior to granting permissions to developers, in view of the 70 housing developments in County Louth still awaiting taking in charge by Louth County Council, many of which have no developer or bond, or remain incomplete despite bonds being in place. [49371/25]

John Cummins (Waterford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Development contributions allow local authorities to recoup some of the public costs of servicing land for private development. They provide a mechanism by which developers can contribute to the cost of providing public infrastructure and facilities that benefit development in the area and are expended on public infrastructure defined under the Planning Acts. These include the provision of open spaces, recreational and community facilities, roads, sewers, waste-water and water treatment facilities, drains and water mains, public transport, schools, school sites, broadband and flood relief works.

The legal basis for development contributions are Section 48 and 49 of the Planning and Development Act 2000. Under section 48, planning authorities must draw up a development contribution scheme in respect of certain public infrastructure and facilities provided by, or on behalf of, the local authority that generally benefit development in the area. All planning permissions granted are subject to the conditions of the development contribution scheme in operation in the area of their planning authority.

The adoption of the 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 (i) the level of contribution and the types of development to which they will apply and (ii) the expenditure of contributions within the confines of their scheme-conditions. A breakdown of what the development contribution fee is intended to fund is set out in each individual local authority’s development contribution scheme.

In addition to general levies, under section 49, planning authorities can create a specific and separate Supplementary Contribution Scheme to part-fund specific infrastructure projects.

The legislative process for the taking in charge of housing estates by local authorities is set out in section 180 of the Planning Act 2000. The prescribed process in this regard applies to residential developments consisting of two or more dwellings that have been granted planning permission under section 34 of the Act.

Under section 180 (1) of the Act, the planning authority is obliged to initiate the taking in charge process where requested by either the developer of, or by the majority of owners of the dwellings in, the estate in question. However, this is subject to the development being completed to the satisfaction of the authority and in accordance with the permission and any conditions attached thereto.

Where developments have not been completed to the satisfaction of the planning authority, and where enforcement proceedings in this connection have not been commenced by the planning authority within 4 years of the expiry of the planning permission relating to a development, section 180 (2)(a) of the Act provides that the planning authority shall, where requested by the majority of owners of the houses involved, initiate the taking in charge procedures under section 11 of the Roads Act 1993, as amended (the Roads Act).

Where this particular approach is being progressed, the authority may apply the security or development bond provided as part of the planning application for the purposes of ensuring the satisfactory completion of the development.

Where the calling in of the development bond is not possible or sufficient, section 180(2A) of the Act provides that the initiation of the taking in charge procedures under section 11 of the Roads Act shall not preclude the planning authority concerned from pursuing a developer for any costs incurred by the authority in respect of necessary works undertaken on a development to enable it to be taken in charge by that authority.

In order to conclude the taking in charge process where the development has been deemed to have been satisfactorily completed, a local authority is required to make a declaration under section 11 of the Roads Act following a proposal by the executive. The making of such a declaration, which effectively confirms that the authority is prepared to take over responsibility for the ongoing maintenance of the public works elements of the estate, is a reserved function of the elected members of a local authority.

Therefore, the decision to take any particular estate or estates in charge is ultimately one for the elected members of the local authority who, by way of declaration made under the Roads Act, will make such a decision.

In addition, it should be noted that financial decision making and the accountability of local authorities is a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority, which includes the adoption of the annual budget of the local authority.

In this regard, section 103 of the Local Government Act 2001, as amended, provides for the local authority budgetary process. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and the funding resources available to the local authority. This includes the taking in charge of housing estates.