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(Section 48 of the Planning & Development Act 2000)

Effective from 1st March 2006             

INTRODUCTION

Sub-section (1) of section 48 of the Planning and Development Act, 2000 enables a planning authority, when granting a planning permission under Section 34 of the Act, to include conditions for requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority, and that is provided, or that it is intended will be provided, by or on behalf of a local authority (regardless of other sources of funding for the infrastructure and facilities).   

Subsection (2) of Section 48 requires that the basis for the determination of a contribution under subsection (1) shall be set out in a development contribution scheme made under this section.       

A scheme may make provision for payment of different contributions in respect of different classes or descriptions of development.

Subsection (3) of Section 48 specifies that a scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities, in accordance with the terms of the scheme. 

In stating the basis for determining the contributions to be paid, the scheme must indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided or to be provided by any local authority and the planning authority shall have regard to the actual estimated cost of providing the classes of public infrastructure and facilities, except that any benefit, which accrues in respect of existing development may not be included in any such determination.

A scheme may allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provision of the scheme.

A planning authority may facilitate the phased payment of contributions under Section 48 of the Planning and Development Act, 2000, and may require the giving of security to ensure payment of contributions.

DEFINITIONS

In this scheme –

“Scheme” hereinafter means this development contribution scheme made under Section 48 of the Planning & Development Act 2000.

“The Act” hereinafter means the Planning & Development Act 2000.

“Public Infrastructure and facilities” has the same meaning as set out in Section 48 (17) of the Act as follows –

(a) "the acquisition of land,

(b) the provision of open spaces, recreational and community facilities and amenities and landscaping works,

(c) the provision of roads, car parks, car parking places, sewers, waste water and water treatment facilities, drains and watermains,

(d) the provision of bus corridors and lanes, bus interchange facilities (including car parks for these facilities) infrastructure to facilitate public transport, cycle and pedestrian facilities, and traffic calming measures,

(e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking spaces, sewers, waste water and water treatment facilities, drains or watermains, and

(f) any matters ancillary to paragraphs (a) to (e)".

BASIS FOR DETERMINATION OF CONTRIBUTION

The basis for determination of a contribution under a new Donegal County Council Development Contribution Scheme (the scheme) is as follows:

(a) The Council considered the objectives contained in the County Development Plan 2000, Draft County Development Plan 2005 reviewed the various service and capital programmes to 2007 and determined the costs of these programmes

(b) An examination/analysis of

• planning applications for recent years.
• Commencement notices.
  was carried out and revealed that almost 90% of development applications and “starts” in County Donegal related to residential developments and accordingly a benchmark estimation of 2300 houses per annum was utilised to assess the residential contribution in relation to the programmes at (a) above.

(c) Anticipated non-residential floor areas for the period of the scheme were estimated,  which resulted in floor areas of 10,000m2 commercial, 8,000m2 industrial, and 4,000m2 warehousing.

(d) Each section in the Council, evaluated their respective programmes and set out the basis for determining the contributions to be paid in respect of their infrastructure and facilities. These evaluations provided for a discount to include the benefit, which would accrue to existing development, as the full cost of the infrastructure/facilities cannot be absorbed by new development alone. The discounts ranged from 68% to 94% and are set out, together with the individual service reports in the appendices, attached. 

(e)  Costs recoverable from the non-domestic sector in accordance with the Governments Water Pricing Framework were excluded from this Scheme.

This resulted in anticipated requirements on a per annum basis for each service as follows:- 

Table A

(Detailed information on the programmes are set out in Appendices attached).

The capital schemes and projects outlined in this Development Contribution Scheme range from large multi million euro projects like the Lough Mourne/Letterkenny Water Scheme Phase 2 costing an estimated €40m to small community facilities costing a few thousand euro.

Many large schemes are complex with long lead in times before the construction stage is reached and in the case of smaller projects like environmental improvement projects involving local consultation, planning, tendering etc it is difficult to predict accurately when projects will actually go to construction and this depends on a number of factors not least the drawdown of exchequer and other external funds.

This scheme has been prepared, however, on the best information available at this time.  Accordingly while the charges in this scheme will not fund the entire programme as set out it will ensure that when existing development charges levied are taken into account, and external funding is drawn down that all projects/programmes outlined for 2006 and most of 2007 can be achieved, as experience has demonstrated that not all schemes/projects will commence as planned for a variety of reasons.

It is important that all the capital programmes are however included at this stage to ensure that they are eligible to drawdown the funding raised by the scheme within the period 2006-2007.

The various capital programmes/project underway will be carefully monitored during 2006 and if the level of charges proposed is satisfying the co funding requirements of same there will be no need to increase charges.

However, if charges are not keeping pace with the co funding requirements necessary to sustain the Council’s Capital Programmes consideration will have to be given to increasing charges and/or pursuing alternative sources of funding.

The level of charges required to fund the entire capital programmes outlined in the appendices attached would be in the region of €8,000 - €10,000 per dwelling, however having regard to the Council’s experience to date, as outlined above, and the need for the County to remain competitive while at the same time providing the co funding necessary to put much needed infrastructure in place to drive the Donegal economy and position the county to attract inward investment and to develop the social and economic fabric required, it is proposed to proceed as follows:-                         

Based on the anticipated level of activity it is estimated that the following capital investment will be generated subject to review of the scheme as the Council considers necessary.

Table B

The total expenditure and discounted DCS expenditure for each service is set out in the table below. 

Table C

DEVELOPMENT CONTRIBUTION SCHEME

The new Scheme to be known as the “Donegal County Council Development Contribution Scheme 2006- 2007” in accordance with Section 48 of the Act as its only such scheme for its entire functional area being the entire County of Donegal excluding the towns of Letterkenny, Buncrana and Bundoran.

Under the Scheme, Donegal County Council will, when granting a planning permission under Section 34 of the Act, include conditions for requiring the payment of a contribution (the amount of which is indicated below under the heading Level of Contribution) in respect of public infrastructure and facilities benefiting development in the County of Donegal (excluding the Town Council areas of Letterkenny, Bundoran and Buncrana) and that is provided, or that it is intended will be provided, by or on behalf of Donegal County Council, (regardless of other sources of funding for the infrastructure and facilities). 

SPECIAL DEVELOPMENT CONTRIBUTIONS

A special development contribution may be imposed under section 48 of the P & D Act 2000, where exceptional costs, not covered by the scheme are incurred by the Council, in the provision of a specific public infrastructure or facility. Unlike the scheme, planning permissions imposing special development contributions must specify the particular works attracting the charge and can only be imposed on
developments that specifically benefit from the contribution. Unlike the scheme, special contributions can be appealed to An Bord Pleanala. Both special and scheme contributions can be levied, provided no double charging takes place. Examples of special development contributions would be bridge or road improvements relating to quarries, windfarm developments or water services to wet industries. A protocol for the levying of such contributions on all developments in a particular area to be agreed with the Member at local Electoral Area level.

LEVEL OF CONTRIBUTION –

Under the Scheme, the contributions to be paid (except where an Exemption or reduction applies, see below) in respect of the different classes of public infrastructure and facilities are as follows :-

NOTES

• Developments connecting to Group Water Supply Schemes taken in charge by the council, or maintained by the Council, or consuming public water, shall be subject to the standard water charge or the original Group Scheme charge whichever is greater, as such developments will benefit from public water infrastructure included in the scheme.
• Guesthouses/B& B will be subject to the water & sewer charge at the appropriate rate for single houses plus €500 per bedroom in excess of four bedrooms.
• All developments shall be subject to the sewerage charge whether they are physically connected to public sewerage systems or not, as all developments will benefit from wastewater sludge treatment infrastructure included in the scheme.
• Car parking charges, where there is a shortfall, will be charged at €1000 per space for the first four spaces and €2000 per space thereafter with the following exceptions:
  (a) Charge of €4,000 per space in Donegal Town
  (within Donegal Town Local Area Plan 2005-2011)
  (b) Charge of €1,500 per space in Ballyshannon (within control points)
• Carwash facility will be charged at €2000 per jet. ( €1700 water; €300 sewer. )
• Commercial includes:- Guest houses, nursing homes, new hotels and extensions to hotels, bars/discos/restaurants, shops (retail/wholesale), hairdressing salons and launderettes.
• The floor area of proposed development shall be calculated as the net floor area.  This means the floor area determined from the internal dimensions of the proposed buildings including internal walls. In the case of hotels the floor area shall include the bedroom blocks.
• Developments that place particular demands on water services infrastructure (eg Wet industries) will be assessed on a case by case basis in accordance with the demands placed by the development on public water service infrastructure.
• Works related to schemes developed under the Sanitary Services Serviced Land Initiative, will be charged at the basic rate plus the specific charge relating to the scheme.
• In the case of the water and sewer charge the sewer element is €300 except for houses/apartments less than 160 m2 which will attract a €100 charge.  No sewer charge in the case of caravans/mobile homes.
• These rates of contribution shall be updated effective from 1st March each year during the life of the Scheme in accordance with the Wholesale Price Index for Building & Construction published by the Central Statistics Office.

DEVELOPMENT PROPOSALS NOT LOCATED ADJACENT TO EXISTING SERVICES OR PROPOSED SERVICES.

The level of contributions levied under this Scheme shall be in respect of the major works relating to facilities and infrastructure outlined in the scheme. In cases where development proposals are not located adjacent to these services they may have to be rejected as they would be premature having regard to the proper planning and sustainable development of the area. Developments could however be accommodated in such circumstances if the developer could present satisfactory proposals to extend the services and facilities to cater adequately for the development. This investment would be in addition to the DCS levy. 


EXEMPTIONS

(1) The following categories of development will be exempted from the requirement to pay development contributions under the Scheme:

• Agriculture developments
• Private house extensions
• Graveyards
• Registered charitable institutions
• Replacement dwelling on previously fully serviced site where standard charge previously paid for the dwelling.
• Non-commercial community centres, youth centres and similar non-commercial community related developments, including football club facilities.
• Structures included on the Record of Protected Structures.
• Social and affordable housing units, including those which are provided in accordance with an agreement made under Part V of the Act (as amended under the Planning & Development (Amendment) Act, 2002) or which are provided by a voluntary or co-operative housing body, which is recognised as such by the Council.
• Change of use where applicant can demonstrate that there would be no additional loading on established services.
• Primary and Post Primary Schools and third level schools/colleges.
• Initial afforestation as set out in the Planning & Development Regulations 2001.
• Developments listed under Article 157 of the Planning & Development Regulations, 2001.
• A single charge only shall apply to developments, which provide for a temporary mobile home on the site where permanent development permission has been granted.

REDUCTIONS

(1) The following categories of development will attract a reduction in respect of development contributions.

• Developments that connect to Group Water Supply Schemes not taken in charge by the council, or not maintained by the Council, or developments that do not consume public water . (100% of the water contribution only)
• Open storage/Hard surface commercial space development (70%).
• Manufacturing/Internationally tradable services grant aided by IDA, Enterprise Ireland, County Enterprise Board, or other recognised local development agency. (50%).
• Development in pilot enterprise and renewal areas (ERAs) (50%).
• Development related to restoration/conservation of derelict properties part
  funded by International Fund for Ireland and/or Special Support Programme for Peace and Reconcilation or included in Council’s Register of Derelict Sites. (25%).
• Applications for Change of House type (For valid permissions) will have original charge imposed
• New job creation indigenous industrial development (manufacturing) (50%).
• Development proposals with a combined hotel and golf course incorporating holiday homes/apartments which are ancillary to the hotel and golf course and remain within the overall control of the hotel and golf course management company, will attract a 30% reduction in respect of the holiday home/apartments element only. Similar arrangements will apply to other proposed developments associated with significant tourism products, i.e. 30% reduction of holiday home/apartment element only.
• Failte Ireland and Farm Diversification Scheme approved Holiday Homes provided for letting, subject to Section 47 Agreement in accordance with the Planning & Development Act 2000 will attract a 30% reduction on the standard charges. Written confirmation required from Failte Ireland and Teagasc or the Department of Agriculture and Food.
• Group Holiday home/apartments planning applications for five or more will attract a charge of €10,000 per unit.

(2) A composite levy may be considered where the IDA or Udaras na Gaeltachta are developing a business park, based on the overall site area or part thereof, which would exempt any future developments within the relevant area from further development charges. This exemption will not apply to wet industries within a business park. 


PAYMENT OF CONTRIBUTION

(a) Conditions requiring payment of the contributions provided for in the Scheme will be imposed in all relevant decisions to grant planning permissions made following the making of the Scheme by the Council.

(b) The contributions under the Scheme shall be payable prior to commencement of development. Contributions shall be payable at the index adjusted rate pertaining to the year in which implementation of the planning permission is commenced, as provided for in the Note 11 to the table at Article 6 above.

(c) The Council may facilitate the phased payment of contributions payable under the Scheme, and the Council may require the giving of security to ensure payment of contributions. In the case of first time homeowners, the Council shall facilitate the phased payment of contributions up to a three year period.

(d) Consideration will be given to the provision of specific infrastructural works and facilities by a developer in lieu of payment of development contributions subject to the written agreement of the Council. A designated member of staff to be assigned to monitor the provision of specific infrastructural works and facilities by a developer in lieu of payment of development contributions as outlined in paragraph (d). 


APPEAL TO AN BORD PLEANĀLA ("the Board")

An appeal may be brought to the Board where the applicant for planning permission under Section 34 of the Act considers that the terms of the Scheme have not been properly applied in respect of any conditions laid down by the Council. 


REVIEW OF SCHEME

The Scheme may be reviewed from time to time by the Council having regard to circumstances prevailing at the time.

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