Adopted on 10 th January 2011
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Clare County Council in common with other local authorities throughout the state is required to source considerable amounts of money annually to fund a variety of public infrastructure projects. Projects include road construction and improvements, the construction and upgrading of water supply and waste water systems. The Development Contribution Scheme also enables the Council to provide funding for amenities such as libraries, open spaces and playgrounds.
Such infrastructure enables future development to proceed and provides amenities for our communities and visitors to the county.
Much of the funding for such infrastructure comes from external sources (e.g. government grants). However, there is a significant shortfall which must be sourced from elsewhere. Furthermore, the principle of Development Contributions is enshrined within Section 48 of the Planning and Development Act 2000, (as amended) which details the methodology and guiding principles by which such
Development Contribution Schemes should be arrived at.
The primary objectives of the Development Contribution Scheme are:
 To provide a mechanism for developers and other planning applicants to contribute to the cost of public facilities that benefit development in the functional area of the Planning Authority.
 To provide more flexibility for local authorities by allowing them to fund public infrastructure.
 Provide transparency in the way contributions are levied and applied.
 Allow local authorities to provide key infrastructure to support development. Much of this infrastructure will benefit from grant assistance from central government. However, significant costs must also be borne by Clare County Council. It is essential therefore, that the
Council has an appropriate Development Contribution Scheme to support the funding of this vital infrastructure.
 Much work will be carried out in the upgrading, provision or replacement of roads, car parks, sewers, water supply and wastewater facilities, drains and water mains. In addition, a significant amount of funding will be expended in the provision of libraries, amenities, open spaces, public parks, and community facilities.
3.1
The Planning and Development Acts 2000-2010 provide for a
Development Contribution Scheme whereby Planning Authorities may on granting permission under Section 34 of the Planning &
Development Act 2000 include conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting the development in the area of the Planning Authority and that is provided or intended to be provided by or on behalf of the local authority, regardless of other sources of funding for the infrastructure and facilities. Section 48 of the Planning &
Development Act 2000, (as amended) outlines the legal procedure for the implementation of this Scheme. This Act provides that the
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making of a scheme is a reserved function of the Planning
Authority.
3.2
Three types of Development Contributions are provided for under the Planning and Development Acts 2000 - 2010. o General Development Contribution Schemes. o Special Development Contributions. o Supplementary Development Contribution Schemes.
3.3
General Development Contribution Schemes
These contribution schemes apply in respect of public infrastructure and facilities provided by or on behalf of the Local Authority that benefit development in the area of the Planning Authority. The types of public infrastructure and facilities that can be funded by this mechanism are: 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, service connections, watermains and flood relief work. d.
The provision of bus corridors and lanes, bus interchange facilities (car parks for those facilities), infrastructure to facilitate public transport, cycling and pedestrian facilities and traffic calming measures. e.
The refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, sewers, waste water and water treatment facilities, service connections or water mains and f.
the provision of high-capacity telecommunications infrastructure, such as broadband, g.
the provision of school sites, and h.
any matters ancillary to paragraphs (a) to (g).
3.3.1. The period of the Scheme shall be six years. The Council may, however, review the Scheme within this period if deemed necessary.
3.3.2 It should be noted that no appeal may be brought to An
Bord Pleanála in relation to a condition requiring a contribution to be paid in accordance with an adopted Scheme, where it has been properly applied.
3.4
Special Development Contributions
A Special Development Contribution may be imposed on a development where exceptional costs not covered by the General
Contribution Scheme are incurred by the Local Authority in the provision of a specific public infrastructure facility. Such Special
Development Contributions do not have to be adopted by the
Council. These contributions apply only to developments which will benefit directly from the public infrastructure facility in question.
Any works not commenced within five years of the date of payment to the authority of the contribution (or within five years of final
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3.5
instalment thereof if paid by phased payments) or completed within seven years of receipt of payment where the works in question have commenced, but have not been completed (or final instalment thereof, if contributions are paid in phased payments) will result in the applicant being refunded in full or in part the Special
Development Contribution. If the local authority has incurred expenditure within the required period in respect of a proportion of the works proposed to be carried out, any refund shall be in proportion to the works that have not been carried out. The applicant will also be refunded any interest that may have accrued over the period the contributions are held by Clare County Council.
Supplementary Development Contribution Scheme
This Scheme refers to the provision of a particular public infrastructure service or project provided by the local authority or pursuant to an agreement entered into by a public authority with any other person where the provision of the infrastructure is an objective in the Development Plan or pursuant to an agreement entered into by a public authority with any other person and that will benefit the development to which the permission relates when carried out. This Scheme may only be applied to a specified area within the functional area of the Planning Authority and cannot apply countywide. Similar to the General Development
Contribution Scheme, this Scheme must be adopted by the Council.
The Council used the following methodology as the basis for determining the Development Contribution Scheme 2011-2017:-
4.1
The Council considered the objectives contained inter alia in the draft County Development Plan 2011-2017, the Local Area Plans within the functional area of the Council, the Draft Joint Housing
Strategy for the Administrative areas of Limerick and Clare, the
Report on the Retail Strategy 2010 -2016, Regional Planning
Guidelines and the Water Services Investment Programme.
4.2
The Council took account of: a.
Residential planning applications commenced on a countywide basis (over the period 2009 and part of 2010). b.
Housing completion rates on a countywide basis (over the period 2006-2009). c.
Analysis of Housing Strategy projections, population projections and economic forecasts. d.
An estimation of the amount of non-residential floor-space per annum which the Council is likely to grant. e.
Each Directorate of the Council considered the infrastructural works to be funded from the Development Contribution
Scheme, the estimated costs of the works and estimated the monies required from the Development Contribution Scheme. f.
It is projected that 80% of the attributable cost to new development will come from contributions for residential development and 20% of the cost attributable to new development should come from non-residential development.
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This has been assessed taking into consideration the degree to which benefits accrue to each of these development types bearing in mind the rural nature of the county and the degree to which the nature of public infrastructure investment is a greater benefit to residential rather than non-residential development.
Note: Costs recoverable from the non-domestic sector in accordance with the Government’s Water Pricing Framework are excluded from the determination of the Scheme.
Single Rural Residential
Unit
(for permanent occupation):
Water
Sewerage
Amenities
Community, Recreation &
Open Spaces
Road Infrastructure
Total
45%
45%
6.6%
3.4%
100%
Apportionment
Rate per m²
Greater than
200 m²
5.74
5.74
0.86
0.43
€12.77
Per Unit
– up to
200 m²
1,860.21
1,860.21
272.28
140.90
€4,133.60
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Towns & Villages - single residential unit
Water
Sewerage
Amenities
Community, Recreation &
Open Spaces
Road Infrastructure
Total
Apportionment
37.5%
37.5%
20%
5%
100%
Rate per m²
Greater than
200 m²
4.79
4.79
Per Unit
– up to 200 m²
1,884.01
1,884.01
2.55
0.64
€12.77
1,005.31
251.33
€5,024.66
Scheme of two or more residential units
(per residential unit)
Water
Sewerage
Amenities
Community, Recreation &
Open Spaces
Road Infrastructure
Total
36.4%
36.4%
20%
7.2%
100%
Apportionment Rate per m²
Greater than
200 m²
4.65
4.65
2,515.18
2,515.18
Per Unit
– up to 200 m²
2.55
0.92
€12.77
1,383.26
497.90
€6,911.52
Second Homes & Holiday
Homes – per residential unit
Water
Sewerage
Amenities
Community & Recreation
Road Infrastructure
Total
Apportionment
26.7%
26.7%
Rate per m²
Greater than
200 m²
3.40
3.40
Per Unit – up to 200 m²
2,517.09
2,517.09
41.3%
5.3%
100%
5.27
0.70
€12.77
3,894.63
499.80
€9,428.61
Serviced Sites for Residential Units
Extension to
Residential Unit an existing
Contribution for shortage of open space in residential areas
75% of relevant rate (per residential unit)
€12.77 per m² in excess of 200m²
(including both existing development and the extension or €12.77 per m² of extension where existing unit is greater than 200 m² )
€900 per unit
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Rate for connection to Group Schemes
The contributions will apply to water and sewerage group scheme connections.
€847.28 per unit up to 200m² and €2.54 per m² thereafter
5.2.1 Non-Residential Developments up to 400m² - €15.05 per m² will apply.
Breakdown as set out below:
Commercial Rates
Water
Sewerage
Amenity Community, Recreation &
Open Spaces
Road Infrastructure
Total
Rate per m² up to
400m²
3.04
4.49
2.24
5.28
€15.05
5.2.2 Non-Residential Development in excess of 400m² - €32.61 per m².
Breakdown as set out below:
Commercial Rates
Water
Sewerage
Amenity Community, Recreation &
Open Spaces
Road Infrastructure
Total
Rate per m² in excess of 400 m²
6.52
9.79
4.90
11.40
€32.61
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5.2.3 Non-Residential Development
Non-Residential Built Development First
400m2
Non-Residential Development in excess of
400m2
Open Development on all land
Quarrying/Extractive Industry
Golf Courses, Pitch & Putt Courses, Sports
Pitches, Horse Training Arenas, Race Courses
The area of the course/pitch area
Apply €300 to Roads,€100 to Water, €100 to
Amenity, Community, Recreation, Open
Spaces
Ancillary buildings will be charged at the relevant non-residential rate
Wind Turbines/Water Turbines
Apply 75% to Roads, 25% to Amenity,
Community, Recreation, Open Spaces
Telecommunications Mast
Apply 75% to Roads, 25% to Amenity,
Community, Recreation, Open Spaces
Overhead Transmission or Distribution Lines
Conducting Electricity
Telecommunications lines on Overhead
Apply 75% to Roads, 25% to Amenity,
Community, Recreation, Open Spaces
Caravan Parks/Mobile Homes
Each caravan/mobile home unit will be considered to be 50m² and the relevant commercial/rate will apply
Ancillary buildings will be charged at the relevant non-residential rate
Development of Car Parks
Apply 75% to Roads, 25% to Amenity,
Community, Recreation, Open Spaces
Ancillary buildings will be charged at the relevant non-residential rate
Advertising Structures
Apply 75% to Roads, 25% to Amenity,
Community, Recreation, Open Spaces
Rate for connection to Group Schemes
The contributions will apply to water and sewerage group scheme connections for nonresidential developments up to 400 m².
15.05
32.61
€27,677.50
Per hectare
€500 per hectare
€10,000 per MW capacity
€10,000 per mast
≤ 110 kva - €1,252 per km
> 110 kva - €1,500 per km
€350 per car parking space
€30 per m²
€847.28 per connection up to
400 m² and €2.54 per m² thereafter
5.3 The following Development Contributions apply to both Residential and non-Residential Developments
Contribution for Shortfall in Car Parking Spaces € 2,135.34 per space
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Note 1: The floor area of proposed development shall be calculated as the gross floor area. This means the gross floor area determined from the external dimensions of the permitted buildings, including the gross floor area of each floor including mezzanine floors.
Note 2: The extent of any open non-residential development shall be calculated as the gross operational area determined by the external dimensions of the permitted operational areas.
Note 3: Costs recoverable under the Water Pricing Framework document from non-domestic users will be excluded from the development contributions of nonresidential development.
Note 4: The change of use of any building or land - the difference between the contributions arising for the existing use if it were new and the contributions arising from the new use will constitute the development contribution under the
Scheme.
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Note 5: Other applications not covered above will be dealt with on a case by case basis. Any developments not specifically referred to in the Scheme will be charged at a rate which is deemed most appropriate. The basis for determination will be the rate for developments which are listed in the Scheme and are deemed closest in nature to the proposed development.
The following categories of development will be exempted, or partly exempted, from the requirement to pay development contributions under the Scheme:
1.
Development by or on behalf of a voluntary organisation which is designed or intended to be used for social, recreational, educational or religious purposes and is not to be used mainly for profit or gain– Totally exempt.
2.
Development of burial grounds - Totally exempt
3.
Primary and secondary schools –Totally exempt.
4.
Development designed or intended to be used as a workshop, training facility, hostel or other accommodation for persons with disabilities and is not to be used mainly for profit or gain, - Totally exempt.
5.
Developments for which a Disabled Persons Grant is paid- Totally exempt.
6.
Development of social housing units, including those which are provided in accordance with an agreement made under Part V of the Planning &
Development Act 2000 (as amended) or which are provided by a voluntary or co-operative housing body, which is recognised as such by the Council.
– Totally exempt.
7.
Agricultural Development– Totally exempt
8.
Development involving works to protected structures other than demolition – exempt. However if there is a material change or extension to a protected structure, development charges will be levied in accordance with the appropriate rate. Where works/change of use of a protected structure requires off site parking not provided for within the site, the rate as set out in the Scheme for such shortfall in car parking should be applied.
9.
Development carried out in accordance with Section 179 of the Planning and Development Act 2000 (as amended) (i.e. Local Authority
Development) – Totally exempt.
10.
Development being carried out in accordance with Article 157(1) and (2) of the Planning and Development Regulations 2001 - 2010. (Development which is statutorily exempt from planning fees) – Totally exempt.
11.
Development within the architectural conservation area that retains and enhances the architectural character of the area – 50% reduction in contributions.
12.
Development resulting in the retention and restoration of derelict properties – 50% reduction in contributions.
13.
Domestic Wind Turbines – Totally exempt.
Where a development is served by its own private water supply or effluent treatment system to the satisfaction of the planning authority, those elements of any development contribution relating to the provision of those public facilities or infrastructure costs will not be chargeable for development contributions.
It should be noted that: In the case of a change of use, changes of use will only attract development contributions if the use results in an increase in service use.
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Only the increase in use will be charged for. In cases of refurbishment/changes of use, development contributions applicable on the date of the planning decision will apply.
The contributions under the Scheme shall be payable immediately prior to development or as otherwise specified by the Council in any condition of a grant of planning permission. Contributions shall be payable at the index adjusted rate pertaining to the year in which implementation of the planning permission is commenced as set out in Section 9.
The Council may, at its discretion, facilitate the phased payment of contributions.
A 5% reduction will be applied to development contributions for commercial/ industrial developments where (1) the development contributions have been paid in full prior to any works commencing on the development in question or any associated development on site, and (ii) payment is made within twelve months of the grant of permission.
A 1% rebate will be considered in respect of phased payments for commercial/ industrial contributions as part of a phased payment agreement with the Council over a six month period. The development charges must be paid in full within a six month period of the date of the phased payment agreement and within 12 months of the grant of planning permission.
Clare County Council may charge interest in respect of outstanding development contributions. If the development contributions are not paid in accordance with the conditions of planning permission or phased payment agreement in writing with Clare County Council, then an amount to include interest at a rate to be determined in respect of the period the payment is withheld will be payable.
Where a Development Contribution is not paid in accordance with the terms of a condition laid down by the Council (or An Bord Pleanála), the Council may recover any contribution due as a simple contract debt in a court of competent jurisdiction. Clare County Council reserves the right to initiate further enforcement action in respect of unpaid contributions.
The Council will ring fence and apportion monies received by way of development contributions collected under this Scheme in accordance with the following table, if not specified otherwise.
Public Infrastructure and Facilities
Water Services
Roads
- Sewerage
- Water
Amenities
Community, Recreation & Open
Spaces
% of Contribution
40%
20%
20%
20%
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The rates of contribution will be updated annually from 1 st January in accordance with the Wholesale Price Index – Building and Construction published by the
Central Statistics Office.
In addition to the requirements of this scheme, Clare County Council may require the payment of a Special Contribution in respect of a particular development where specific costs are not covered by this Scheme or incurred in respect of public infrastructure and facilities which benefited the proposed development.
Where payment of such a contribution is required, a planning condition shall be attached to specify the particular works carried out or proposed to be carried out by Clare County Council or any other local authority.
In the interests of transparency any major infrastructure project funded/part funded by Development Contributions collected under the Development
Contribution Scheme may include project signage along the public road for public information purposes, stating that the project has been funded/part funded by levies on development in the administrative area of Clare County Council.
The Scheme will be in place from 2011-2017 inclusive, unless otherwise replaced or modified. The Scheme will continue in place until such time as the Scheme is revised. Should a change to the assumptions underpinning this Scheme be of such magnitude that they materially affect this Scheme, the Council reserves the right to revise this Scheme sooner than referred to above.
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