Dáil Éireann Debate, Tuesday - 12 June 2018
1278. Deputy Jim O'Callaghan asked the Minister for Housing, Planning and Local Government if he can require those embarking on a de facto new build to contribute to a ring-fenced fund to repair damage to the roads caused by such construction; and if he will make a statement on the matter. [24296/18]
View answerUnder sections 48 and 49 of the Planning and Development Act 2000, as amended, planning authorities may levy development contributions in respect of public infrastructure and facilities benefiting development in the area that is provided, or intended to be provided, by or on behalf of the local authority. Examples of such infrastructure and facilities include roads, footpaths, public lighting, open spaces etc. My role as Minister is to provide the necessary legislative and policy framework governing development contribution schemes which are operated by planning authorities.
The basis for the determination of a development contribution is set out in a development contribution scheme adopted by the elected members of a local authority, and planning authorities may make one or more schemes in respect of different parts of its functional area. In addition to the terms of the scheme, planning authorities may 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. The adoption of these schemes is a reserved function of the locally elected members of each planning authority, and it is a matter for the members to determine the level of contribution and the types of development to which they will apply, and the expenditure of the contributions received within the confines of the scheme conditions.
Separately, section 34(1) of the Planning and Development Act 2000 provides that planning authorities may attach conditions to a grant of planning permission. Section 34(4) lists specific conditions that may be attached, but this is expressly without prejudice to the generality of the power to attach conditions set out in subsection (1).
The interpretation and application of the relevant legislation is a matter for planning authorities in the first instance, An Bord Pleanála on appeal, and ultimately the Courts. The decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority or An Bord Pleanála as appropriate and I have no role in relation to the matter. Any decision to attach a condition to a grant of permission requiring a contribution for the repair of any damage to the roads caused by such construction is similarly a matter for the relevant planning authority.
