Dáil Éireann Debate, Tuesday - 3 October 2017
598. Deputy Niamh Smyth asked the Minister for Housing, Planning and Local Government the fees payable by persons (details supplied); the rules in place regarding development charges on farm buildings; and if he will make a statement on the matter. [41690/17]
View answerThe fee payable for a planning application for the provision or retention of an agricultural building, other than an agricultural structure exempted from the requirement to obtain planning permission under section 4 of the Planning and Development Act 2000, as amended, or Articles 6 to 9 of the Planning and Development Regulations 2001, as amended, is set out in Class 3 of Part 2 of Schedule 9 to the 2001 Regulations.
The fee is calculated on the number of buildings, the gross floor space of such buildings and the number of other structures involved and is subject to a maximum fee of €300 for the provision of a structure(s), or €900 for the retention of a structure(s).
Development contributions provide critical resources to facilitate the provision of essential public infrastructure and facilities that support the implementation of local authority development plans. My role as Minister with regard to development contributions is to provide the necessary statutory and policy framework within which individual development contribution schemes are adopted by each local authority.
Section 48(2)(b) of the Planning and Development Act 2000, as amended, provides that a development contribution scheme, applied by a planning authority in respect of its functional area, may make provision for payment of different contributions in respect of different classes or descriptions of development. The Act also requires that schemes state the basis for determining contributions and that they have regard to the actual estimated cost of providing the various classes of public infrastructure and facilities. The level of contribution, and the types of development to which development contributions should apply, including any exemptions from charging in specific circumstances if that is deemed appropriate, are therefore determined at local authority level, in accordance with the powers vested in elected members in this regard.
My Department issued statutory guidelines to planning authorities in January 2013 under section 28 of the Planning and Development Act 2000 on the implementation of development contribution schemes. Adherence to a consistent cost allocation methodology outlined in the guidelines is strongly recommended. The guidelines further advise that, in deciding within the non-residential categories of development works how costs are to be attributed, the intensity of infrastructural usage by different categories of, for example, employment related activity should be taken into account.
The majority of development contribution schemes adopted by planning authorities currently provide for charges in respect of certain agricultural buildings or development within their functional areas. In line with this consistent approach, the County Monaghan Development Contributions Scheme applies development contribution charges for new farm buildings (including silos, concrete yards/aprons, silage bases and slurry pits or towers), on the basis that they are a form of development, with such charges being required for the purpose of contributing toward the provision of Community, Recreation and Amenity facilities. At present, the development charge levied on an agricultural building in County Monaghan is €2 per square metre with an exemption for the first 300 square metres. Unlike planning application fees, no increased charges are applied for retention of development.
Section 48(4) of the Act of 2000 requires planning authorities to publish a draft development contribution scheme for public consultation, while section 48(5) provides that the Minister may make recommendations in relation to a draft scheme. However, it is ultimately a matter for the elected members of a planning authority to adopt a development contribution scheme as a reserved function, having regard to any recommendations made by the Minister and the Chief Executive's report on the public consultation process.
I am satisfied that the existing statutory and policy framework in this regard strikes the right balance between ensuring a transparent and broadly consistent levying of development contributions across the country, while also affording each local authority sufficient flexibility and discretion in the application of development contributions within their own respective functional areas.
