Dáil Éireann debate -
Thursday, 15 Feb 1996

Vol. 461 No. 6

Ceisteanna—Questions. Oral Answers. - Planning Charges

Noel Treacy

Question:

10 Mr. N. Treacy asked the Minister for the Environment if he has sanctioned powers to local authorities throughout the country to charge items of expenditure to applicants for planning permission, which are the responsibility of either the local authority itself, his Department, or alternatively, the National Roads Authority; if his attention has been drawn to the exorbitant charges being imposed on applicants for planning permission including double charging; if his attention has further been drawn to the detrimental effect this is having on employment and economic development; if he will have these matters reviewed as a matter of urgency; and if he will make a statement on this serious discriminatory situation. [19251/95]

Mr. Howlin

Section 26 (1) of the Local Government (Planning and Development) Act, 1963, empowers planning authorities to attach conditions to planning permissions while section 26 (2) contains specific provisions for conditions requiring contributions towards expenditure already incurred, or to be incurred, by the planning authority in respect of works which have facilitated, or will facilitate, the proposed development.

Decisions on the attachment to planning permissions of contribution conditions, and on the contributions required, are matters for the relevant planning authority in the first instance. Such conditions can be appealed to An Bord Pleanála, which can, where it considers it appropriate, give to the planning authority directions relating to the attachment, amendment or removal of conditions to which the appeal relates, or of other conditions.

The principle of requiring a developer, in appropriate cases, to contribute to the cost of services facilitating a proposed development has been established since the inception of the present planning code more than 30 years, and I see no reason to depart from that now. In some cases planning contributions make it possible to permit development sooner than might be the case if the necessary services had to be provided solely out of public expenditure. Where a developer considers that contribution conditions are unreasonable or excessive, the matter can be reviewed by An Bord Pleanála on appeal. In these circumstances, I have no proposals to amend the Planning Acts in this respect.

Mr. Dempsey

Will the Minister reconsider his position on this matter? I accept his statement about the original intent of section 26 of the Local Government (Planning and Development) Act, 1963, but this power is now being abused by local authorities who are attaching conditions to all sorts of planning applications. The latest example of which I am aware involved an extension to a house where a person was being charged £4,300 for works to be undertaken by the local authority. The Minister should look again at this provision and issue firmer guidelines to local authorities. It is all very well to tell people they can make an appeal to An Bord Pleanála but many people are afraid to do so in case more stringent conditions are applied. This power is being abused at present and I ask the Minister to reconsider the matter.

Mr. Howlin

I have looked at the issue but have not come across any cases of abuse. In many cases developers stand to make a great deal of money from a development——

Mr. Dempsey

A man who wants to build an extension to his house does not have a great deal of money.

Mr. Howlin

I said "in many cases". If a development will bring extra traffic into an area there might be a requirement to upgrade the road and the individual should make a contribution to this. This is the position in regard to industrial or major housing developments. I am concerned about the position of the individual who wants to build an extension to his house and I will gladly examine any cases referred to me by the Deputy.

Mr. E. Ryan

I agree it may be difficult to prove an abuse of this power but I have received many complaints from people who have had huge charges levied on them by local authorities. This is not something that occurred ten years ago, but it certainly does now. Local authorities are, perhaps, beginning to use this as a way of compensating for shortage of funds. This is a real problem in certain areas. Not all developers will make money; some have sites from which they may not make much money for one reason or another.

Mr. Howlin

There is some merit in what the Deputy says. In general the principle is right, but imposing onerous conditions would be an abuse. I do not want to get involved in the planning process because there is a statutory planning procedure with an appeal process to An Bord Pleanála. However, I will look at any case the Deputy wants to refer to me and take it up with the local authorities concerned to find out if a view is emerging that this is an easy way to augment incomes. That is not what is intended in the Planning Act.

Miss Quill

Can the remaining questions tabled by members of my party be held until the next Question Time?

Mr. McGrath

Could Question No. 42 in my name and Question No. 47 in the name of my colleague be postponed until the next day?

Mr. Dempsey

Can the same apply to the Fianna Fáil questions?

An Leas-Cheann Comhairle

The Deputies will be accommodated.