Planning and Development Act 2024
|
Supplementary development contribution schemes | ||
|
585. (1) In this section— | ||
“planned public infrastructure project” means— | ||
(a) the provision of a particular rail, light rail or other public transport infrastructure, including car parks and other ancillary development, | ||
(b) the provision of particular new national roads (within the meaning of the Roads Act 1993 ), | ||
(c) the provision of new surface water sewers, | ||
(d) the provision of new schools or extensions to existing schools, or | ||
(e) any infrastructure ancillary to any of the matters referred to in paragraphs (a) to (d); | ||
“supplementary scheme” shall be construed in accordance with paragraph (a) of subsection (2). | ||
(2) (a) A planning authority may, in consultation with a public body carrying out or proposing to carry out a public infrastructure project, make one or more than one supplementary development contribution scheme under this section (in this section referred to as a “supplementary scheme”) specifying— | ||
(i) the area or areas within the functional area of the planning authority to which the supplementary scheme relates, | ||
(ii) the public infrastructure project to which the supplementary scheme relates, | ||
(iii) the length of time that the supplementary scheme is proposed to be in effect, and | ||
(iv) the total estimated cost of delivering the planned public infrastructure project, the total contribution to the delivery of the project proposed to be secured by the supplementary scheme, and the proposed contribution or contributions payable in connection with certain classes of development to which the supplementary scheme relates. | ||
(b) A supplementary scheme may make provision for the payment of different contributions in respect of different classes or descriptions of development. | ||
(3) Subsections (2) (other than paragraph (f)), (3), (4), (5), (6), (7), (8), (11), (13) and (14) of section 584 shall apply to a supplementary scheme subject to— | ||
(a) the modification that references in those subsections to a scheme shall be construed as references to a supplementary scheme, | ||
(b) any other necessary modifications, and | ||
(c) this section. | ||
(4) A planning authority may, when granting a permission, include conditions requiring the payment of a contribution in respect of any public infrastructure project— | ||
(a) specified in a supplementary scheme, and | ||
(b) that will benefit the development to which the permission relates when carried out. | ||
(5) The amount, and manner of payment, of a contribution under subsection (4) shall be determined in accordance with a supplementary scheme. | ||
(6) Where the cost of carrying out the planned public infrastructure project is less than the cost that was estimated when the planning authority first determined the amount of the contribution, the planning authority shall, as soon as practicable following the determination of the lesser cost, amend a supplementary scheme for the purpose of modifying the manner of determining a contribution pursuant to a condition under subsection (4). | ||
(7) A planning authority shall, where either the proposed total contribution set out within the supplementary scheme has been secured or where the public body no longer intends to carry out the public infrastructure project the subject of the scheme, revoke the scheme. | ||
(8) A planning authority shall not, pursuant to a condition under subsection (4), require the payment of a contribution in respect of a planned public infrastructure project where the person concerned has made a contribution under section 584 in respect of public infrastructure and facilities (within the meaning of that section) of which such planned public infrastructure project constituted a part. | ||
(9) Notwithstanding subsection (3), and subsection (13) of section 584 , the Commission shall consider an appeal brought to it by an applicant for permission under subsection (1) of section 84 , in relation to a condition requiring the payment of a contribution in respect of a planned public infrastructure project specified in a supplementary scheme, where the applicant considers that the project will not benefit the development to which the permission relates and subsection (15) of section 584 shall apply to such an appeal. | ||
(10) Subsections (16), (17) and (18) of section 584 shall apply where the basis for the determination of a contribution under subsection (4) has changed subject to— | ||
(a) the modification that references in those subsections to a contribution shall be construed as references to a contribution to a supplementary scheme, | ||
(b) any other necessary modifications, and | ||
(c) this section. | ||
(11) (a) Moneys accruing to a local authority under this section shall be accounted for in a separate account. | ||
(b) Where the public body carrying out or proposing to carry out the planned public infrastructure project is the local authority, money accruing to the local authority under this section shall only be applied as capital for the planned public infrastructure project concerned. | ||
(c) 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. | ||
(d) Where the public body carrying out or proposing to carry out the planned public infrastructure project is not the local authority, the local authority and the public body shall enter into an agreement made in advance of the supplementary scheme coming into effect and in accordance with regulations made under this section, specifying the arrangements for the transfer of contributions from the local authority to the public body. | ||
(e) Where paragraph (d) applies, the public body shall prepare and provide a report to the Minister on an annual basis from the date of the agreement, and the report shall contain details of moneys paid or owing to it under this section and shall indicate how such moneys paid to it have been expended by the public body. | ||
(12) Where payment of a contribution is required in accordance with this section, the following provisions shall apply: | ||
(a) where— | ||
(i) the planned public infrastructure project concerned is not commenced within 10 years of the date of the payment of the contribution (or final instalment thereof, if paid by phased payment under paragraph (a) of subsection (11) of section 584 as applied by subsection (3)), or | ||
(ii) the public body decides not to proceed with the planned public infrastructure project concerned, | ||
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 public body; | ||
(b) where under subparagraph (i) or (ii) of paragraph (a), any public body has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out in respect of the planned public infrastructure project referred to in that subparagraph, any refund shall be in proportion to those proposed works in respect of such project which have not been carried out. | ||
(13) Where, immediately before the commencement of this section, a supplementary development contribution scheme was in force under section 49 of the Act of 2000, that scheme shall, on and after that commencement and as in force immediately before that commencement, be deemed to be made under this section, and this section shall, with all necessary modifications, be construed accordingly. |