Planning and Development Act 2024
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Development contributions | ||
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584. (1) In this section— | ||
“public infrastructure and facilities” means— | ||
(a) the acquisition of land for one or more than one of the purposes referred to in paragraphs (b) to (n), | ||
(b) the provision of open spaces, recreational and community facilities and landscaping works, | ||
(c) the provision of roads, car parks, car parking places, surface water sewers and flood relief work, | ||
(d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for those facilities), infrastructure to facilitate public transport, cycle and pedestrian facilities and traffic calming measures, | ||
(e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, surface water sewers and flood relief work, | ||
(f) the provision of high-capacity telecommunications infrastructure, such as broadband, | ||
(g) the provision of sites for schools and other educational facilities, including childcare facilities, | ||
(h) infrastructure, pertaining to aspects of the natural and built environment relating to land, that provides ecosystemic and social benefits, including infrastructure to support decarbonisation and the reduction of anthropogenic greenhouse gases, | ||
(i) infrastructure, pertaining to aspects of the natural and built environment relating to water, waterways and water bodies, that provide ecosystemic and social benefits, including infrastructure such as flood defences and sustainable water management solutions, | ||
(j) works relating to the character and amenity of areas to which the public have access such as roads, footpaths, lanes, parks, squares, open spaces and building facades, | ||
(k) the provision of sites for facilities for the social, economic, recreational, cultural, environmental or general development of the community, | ||
(l) the provision of sites for facilities for the elderly and for persons with disabilities, | ||
(m) facilities (including programmes) relating to education, training or skills development in connection with the provision of employment opportunities for the community in conjunction with an established educational authority or institution, and | ||
(n) any infrastructure or amenities ancillary to any of the matters referred to in paragraphs (b) to (m); | ||
“scheme” shall be construed in accordance with paragraph (a) of subsection (2); | ||
“special contribution” means a special contribution referred to in subsection (10). | ||
(2) (a) A planning authority may, as it sees fit, make one or more than one development contribution scheme under this section (in this section referred to as a “scheme”) and different schemes may be so made in respect of different parts of its functional area. | ||
(b) A scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development. | ||
(c) Subject to paragraph (d), a scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities in accordance with the terms of the scheme. | ||
(d) In stating the basis for determining the contributions in accordance with paragraph (c), a scheme shall indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided or to be provided by any local authority and the planning authority shall have regard to the actual estimated cost of providing the classes of public infrastructure and facilities except that any benefit which accrues in respect of existing development may not be included in any such determination. | ||
(e) A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances in accordance with the terms of the scheme. | ||
(f) A scheme shall include details of the public infrastructure and facilities which are provided or proposed to be provided, including an order of priority in respect of specific locations within the functional area of the planning authority where at least 30 per cent of the contributions will be focused for spending to align with the zoning of land for new development of all classes within the development plan, and the planning authority shall from time to time, as required, amend the scheme to reflect changes to zoning objectives. | ||
(3) Where a planning authority proposes to make a scheme, it shall publish, on its website and in at least one newspaper, a notice— | ||
(a) stating that a draft scheme has been prepared, | ||
(b) giving details of the proposed contributions under the draft scheme, | ||
(c) indicating the times at which, the period (which shall be not less than 6 weeks) during which, and the place where, a copy of the draft scheme may be inspected, and | ||
(d) stating that submissions or observations may be made in writing to the planning authority in relation to the draft scheme before the end of the period for inspection. | ||
(4) (a) In addition to the requirements of subsection (3), a planning authority shall send a copy of the draft scheme to the Minister. | ||
(b) The Minister may make recommendations to the planning authority regarding the terms of the draft scheme within 6 weeks of being sent the scheme. | ||
(5) (a) Subject to paragraph (b), not later than 4 weeks after the expiration of the period for making submissions or observations under subsection (3), the chief executive of a planning authority shall prepare a report on any submissions or observations received under that subsection and submit the report to the members of the authority for their consideration. | ||
(b) A report under paragraph (a) shall— | ||
(i) list the persons who made submissions or observations under subsection (3), | ||
(ii) summarise the issues raised by the persons in the submissions or observations, and | ||
(iii) give the response of the chief executive to the issues raised, taking account of the proper planning and sustainable development of the area. | ||
(6) The members of the planning authority shall— | ||
(a) consider the draft scheme and the report of the chief executive under subsection (5), and | ||
(b) have regard to any recommendations made by the Minister under subsection (4). | ||
(7) (a) Subject to paragraph (b), following the consideration of the chief executive’s report, and having had regard to any recommendations made by the Minister under subsection (4), the planning authority shall, by resolution— | ||
(i) make the scheme as recommended in such report, | ||
(ii) make the scheme as recommended in such report with such variations or modifications to the scheme as it considers appropriate in all the circumstances of the case, or | ||
(iii) decide not to make the scheme. | ||
(b) A resolution under paragraph (a) must be passed not later than 6 weeks after receipt of the chief executive’s report. | ||
(8) (a) Subject to paragraph (b), where a planning authority makes a scheme in accordance with subparagraph (i) or (ii) of paragraph (a) of subsection (7), the authority shall cause notice of the making of the scheme to be published on its website and in at least one newspaper. | ||
(b) A notice under paragraph (a) shall— | ||
(i) give the date of the decision of the planning authority in respect of the draft scheme, | ||
(ii) state the nature of the decision, and | ||
(iii) contain such other information as may be prescribed. | ||
(9) (a) A grant of permission may include conditions requiring the payment of a contribution in accordance with a scheme. | ||
(b) Subject to subsection (10), the basis for the determination of a contribution under paragraph (a) shall be set out in a scheme. | ||
(10) (a) A planning authority may, in addition to the terms of a scheme, require the payment of a special contribution in respect of a particular development where specific exceptional costs not covered by a scheme are incurred by any local authority in respect of public infrastructure and facilities which benefit the proposed development. | ||
(b) Where payment of a special contribution is required in accordance with paragraph (a), the requirement shall specify the particular works carried out, or proposed to be carried out, by any local authority to which the contribution relates. | ||
(11) (a) A planning authority may— | ||
(i) facilitate the phased payment of contributions under this section, | ||
(ii) require the giving of security to ensure the payment of contributions, or | ||
(iii) both— | ||
(I) facilitate the phased payment of contributions under this section, and | ||
(II) require the giving of security to ensure the payment of contributions. | ||
(b) Where a contribution is not paid in accordance with a condition attached to a grant of permission, any outstanding amounts due to the planning authority shall be paid together with interest that may have accrued over the period while withheld by the person required to pay the contribution. | ||
(c) A planning authority may recover, as a simple contract debt in a court of competent jurisdiction, any contribution or interest due to the planning authority under this section. | ||
(12) (a) Moneys accruing to a local authority under this section shall— | ||
(i) be accounted for in a separate account, and | ||
(ii) only be applied as capital for public infrastructure and facilities. | ||
(b) A report of a local authority under section 50 of the Local Government Act 1991 shall— | ||
(i) contain details of moneys paid or owing to it under this section, and | ||
(ii) indicate how such moneys paid to it have been expended by any local authority. | ||
(13) (a) Subject to paragraph (b), no appeal shall lie to the Commission in relation to a condition requiring a contribution to be paid in accordance with a scheme. | ||
(b) An appeal may be brought to the Commission where an applicant for permission under subsection (1) of section 84 considers that the terms of a scheme have not been properly applied in respect of any condition laid down by the planning authority. | ||
(c) Notwithstanding subsection (3) of section 100 , where an appeal is brought in accordance with paragraph (b), and no other appeal of the decision of a planning authority is brought by any other person under section 102 , the authority shall make the grant of permission as soon as may be after the expiration of the period for the taking of an appeal, provided that the person who takes the appeal in accordance with paragraph (b) furnishes to the planning authority security for payment of the full amount of the contribution as specified in the condition. | ||
(14) Where an appeal is brought to the Commission in respect of a refusal to grant permission under Chapter 3 of Part 4 and the Commission decides to grant permission, it shall, where appropriate, apply as a condition to the permission the provisions of the contribution scheme for the time being in force in the area of the proposed development. | ||
(15) (a) Notwithstanding sections 102 and 112 , where an appeal received by the Commission after the commencement of this section relates solely to a condition dealing with a special contribution, and no appeal is brought by any other person under section 102 against the decision of the planning authority under section 98 , the Commission shall not determine the relevant application as if it had been made to it in the first instance, but shall determine only the matters under appeal. | ||
(b) Notwithstanding subsection (3) of section 100 , where an appeal referred to in paragraph (a) is received by the Commission, and no appeal is brought by any other person under section 102 , the planning authority shall make the grant of permission as soon as may be after the expiration of the period for the making of an appeal, provided that the person who makes the appeal furnishes to the planning authority, pending the decision of the Commission, security for payment of the full amount of the special contribution as specified in the condition referred to in paragraph (a). | ||
(16) Where a permission which includes conditions referred to in subsection (9) has been granted in respect of a development and the basis for the determination of the contribution under that subsection has changed— | ||
(a) where the development is one to which Part II of the Building Control Regulations 1997 ( S.I. No. 496 of 1997 ) applies and a commencement notice within the meaning of that Part in respect of the development has not been lodged, or | ||
(b) where the development comprises houses and one or more than one of those houses has not been rented, leased, occupied or sold, | ||
the planning authority shall apply that change to the conditions of the permission where to do so would reduce or increase the amount of the contribution payable. | ||
(17) Where a development referred to in subsection (16) comprises houses one or more than one of which has not been rented, leased, occupied or sold, the planning authority shall apply the change in the basis for the determination of the contribution referred to in that subsection only in respect of any house or houses that have not been rented, leased, occupied or sold. | ||
(18) Where the planning authority applies a change in the basis for the determination of a development contribution under subsection (16), it may amend a condition referred to in subsection (9) in order to reflect the change. | ||
(19) Where the payment of a special contribution is required in accordance with subsection (10), the following provisions shall apply: | ||
(a) where— | ||
(i) the works concerned are not commenced within 5 years of the date of payment of the contribution (or final instalment therof, if paid by phased payment under paragraph (a) of subsection (11)), | ||
(ii) the works concerned have commenced, but have not been completed within 7 years of the date of payment of the contribution (or final instalment thereof, if paid by phased payment under paragraph (a) of subsection (11)), or | ||
(iii) the local authority decides not to proceed with the works concerned or part thereof, | ||
the contribution shall, subject to paragraph (b), be refunded to the applicant together with any interest that may have accrued over the period while held by the local authority; | ||
(b) where under subparagraph (ii) or (iii) of paragraph (a), any local authority has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out, any refund shall be in proportion to those proposed works which have not been carried out. | ||
(20) A planning authority may permit the transfer of land to the local authority or the development of infrastructure in full or partial discharge of obligations arising under this section. | ||
(21) Where, immediately before the commencement of this section, a development contribution scheme was in force under section 48 of the Act of 2000, that scheme shall, on and after that commencement and as in force immediately before that commencement (including, in that respect, the unexpired period left to run, immediately before that commencement, for the scheme to remain in force), be deemed to be made under this section, and this section shall, with all necessary modifications, be construed accordingly. | ||
(22) (a) A requirement under paragraph (c) of subsection (2) of section 48 of the Act of 2000 to pay a special contribution shall be deemed to be a requirement to pay a special contribution in accordance with subsection (10). | ||
(b) Notwithstanding the repeal of section 48 of the Act of 2000 by section 6 , subsection (12) of the said section 48 shall continue to apply and have effect on and after that repeal in relation to a requirement to which paragraph (a) applies. | ||
(23) Where, before the repeal of section 48 of the Act of 2000 by section 6 , a planning authority published a notice under subsection (4) of the said section 48 in relation to a draft scheme but did not perform the functions under subsection (8) of the said section 48 in relation to the draft scheme, that notice shall be deemed to be a notice published in accordance with subsection (3) and the draft scheme shall be deemed to be a draft scheme prepared under this section. |