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Local Authority Charges Application

Dáil Éireann Debate, Wednesday - 8 May 2019

Wednesday, 8 May 2019

Ceisteanna (1558)

Alan Kelly

Ceist:

1558. Deputy Alan Kelly asked the Minister for Housing, Planning and Local Government his views on standardisation of development charges by local authorities for grants of planning permission for solar farms; and if he will make a statement on the matter. [19350/19]

Amharc ar fhreagra

Freagraí scríofa

Local authorities levy development contributions in respect of public infrastructure and facilities provided by, or on behalf of, the local authority that benefit development in the area, based on a development contribution scheme adopted by that authority. The adoption of development contribution schemes is a reserved function of elected members and it is a matter for the elected members to decide and approve 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, in each local authority.

My role as Minister is to provide the necessary statutory and policy framework within which individual development contribution schemes are adopted by each local authority. This framework must strike 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.

My Department issued statutory guidelines to planning authorities in January 2013 under section 28 of the 2000 Act on the implementation of development contribution schemes and to which planning authorities are required to have regard in the performance of their planning functions. The 2013 guidelines updated and supplemented non-statutory guidance previously issued to local authorities by my Department by way of Planning Circulars PD 4/2003 and PD 5/2007.

The 2013 Guidelines recommended that all local authorities incorporate options for reduced charges in their schemes in respect of renewable energy development to promote uptake of renewable energy technologies. For example, authorities are encouraged to consider reduced or no charges in respect of renewable energy development which is not supplying electricity to the national grid. Authorities are also advised to ensure that their schemes distinguish proportionately between large and small-scale i.e. not to apply the same flat rate charge to particular forms of development irrespective of scale. This recommendation is reflected in most development contribution schemes, with some variation in approach applied by local authorities in this connection having regard to local circumstances.

The 2013 Guidelines also recommended a standard methodology for all planning authorities to follow to ensure that the methodology used in the preparation of a development contribution scheme is clear and broadly consistent. It should be noted that local authorities are best placed to determine their development contribution schemes having regard to their own particular local needs. While it is expected that local authorities ensure that developers make an appropriate contribution towards the costs of public infrastructure and facilities in their functional areas, local authorities are advised to be mindful of the policies adopted by other authorities in their immediate area so as to avoid a major divergence in the level of contributions charged, and to take care to avoid setting contributions that are excessively high.

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