DUNDALK TOWN COUNCIL
DEVELOPMENT
CONTRIBUTION SCHEME
2010 - 2014
December 2009
TABLE OF CONTENTS
1
Introduction
2
1.1
Area of Scheme
2
2
Rationale for Development Contributions
2
3
Function of the Development Contributions Scheme
3
4
4.1
4.2
4.3
Types of Development Contributions
General Development Contributions
Special Development Contributions
Supplementary Development Contributions
3
3
3
4
5
Classes of Public Infrastructure and Facilities
4
6
6.1
6.2
Basis for the Determination of Development Contributions
Calculation of Contributions
Proportioning Contributions
5
6
6
7
7.1
Car Parking
Exemptions and Reduced Contributions
7
7
8
Payments of Contributions
9
9
Appeals to An Bord Pleanála
10
10
Index Linked Adjustment
10
11
Ring Fencing of Income
11
12
Non Payment of a Contribution due to Planning Authority
11
13
Branding/Public Information
11
14
Review of Schemes
11
15
Rates of Contributions
11
APPENDIX A
RANGE OF PROJECTS WHICH MAY BE FUNDED FROM DEVELOPMENT
CONTRIBUTIONS
BREAKDOWN OF DEVELOPMENT CONTRIBUTIONS
12
APPENDIX B
APPENDIX C:
ADDITIONAL INFORMATION
14
15
1
1 Introduction
Section 48 of the Planning and Development Acts 2000 to 2007 (hereafter referred to as “the
Act”) empowers the Planning Authority when granting planning permission under Section 34
of the Act, to include conditions requiring the payment of a financial 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 the
Local Authority, regardless of other sources of funding for the infrastructure and facilities.
Subsection (3) of Section 48 specifies that a scheme




Shall set out the basis for the determination of a contribution
Shall make provision for payment of different contributions in respect of different
classes or descriptions of development
Shall 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 the local authority
having 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.
May allow for the payment of a reduced contribution or no contribution in certain
circumstances, in accordance with the provision of the scheme.
The making of a Development Contribution Scheme is a reserved function of the Elected
Members of the Council under Section 48(8) of the Act.
The current Dundalk Town Council Development Contribution Scheme was adopted in
February 2004 and is to be replaced by a new Development Contribution Scheme from 1
March 2010.
In line with Government policy and before preparing these Development Contribution
Schemes, the existing Dundalk Town Council Development Contribution Scheme 2004 has
been reviewed and this review has been taken into account in the preparation of this
document.
1.1 Area of Scheme & Implementation Date
The scheme shall apply to the town of Dundalk, being the administrative area of Dundalk
Town Council and is effective from 01/03/2010.
2 Rationale for Development Contributions
When new development occurs it impacts on the capacity of existing infrastructure
networks. Such development places a greater demand on the services provided by Dundalk
Town Council. It is considered equitable that developers contribute to the financial burden
associated with the provision of enhanced infrastructure networks facilitating new
development. However, the Development Contribution Scheme ensures that the cost of
infrastructural improvements does not fall disproportionately on new development and
takes account of benefit to existing development.
2
3 Function of the Development Contributions Scheme
Development proposals granted under Part 3 of the Act may include conditions relating to
the proper planning and sustainable development of the area. They may also include
conditions requiring the payment of financial contributions towards the provision or
upgrade of infrastructural services facilitating the development. The Development
Contribution Scheme provides the statutory basis enabling a Planning Authority to impose
such conditions.
4 Types of Development Contributions
The Act provides for three types of Development Contributions that may be attached as
conditions to grants of planning permission:
(i) General Development Contributions
(ii) Special Development Contributions
(iii) Supplementary Development Contributions
4.1 General Development Contributions
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 Local Authority’s
functional area. Under a general development contribution scheme, the Planning Authority
does not need to show a direct connection between the development contribution paid and
works done which facilitate the development. However it is important that the Planning
Authority is satisfied that the basis for determining the contribution levels can be adequately
justified and supported.
The types of public infrastructure and facilities that can be funded by the Development
Contribution Scheme 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, drains and water mains.
(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.
(f) Any matters ancillary to paragraphs (a) to (e).
4.2 Special Development Contributions
A Planning Authority may, in addition to the terms of a General Development Contribution
Scheme, 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 the
Local Authority in respect of public infrastructure and facilities which directly benefit the
proposed development. The Planning Authority must specify in a planning condition
3
attached to the grant of permission, the particular works carried out, or proposed to be
carried out, to which the contribution relates. Under Section 48(12) of the Act, any works
not commenced within five years or completed within seven years of receipt of payment will
result in the applicant being refunded, in full or part, the Special Contribution. In accordance
with the provisions of the Act, each Planning Authority decides if a Special Development
Contribution is required and the level of the contribution, having regard to the actual costs
incurred in relation to the particular works carried out, or the estimated cost in the case of
works proposed to be carried out.
Dundalk Town Council has required the payment of a Special Development Contribution in
respect of development in the East Dundalk Drainage Scheme and the Northern Environs SLI
Catchment areas.
4.3 Supplementary Development Contributions
Under Section 49 of the Act, a Planning Authority may, when granting planning permission
include conditions requiring the payment of a contribution in respect of any public
infrastructure service or project specified in a “Supplementary Development Contribution
Scheme” that will benefit the development to which the planning permission relates.
Projects that may be included in a Supplementary Development Contribution Scheme
include rail, light rail or other public transport infrastructure, including car parks and other
ancillary development, the provision of particular new roads and the provision of particular
new sewers, wastewater and water treatment facilities, drains or water mains and ancillary
infrastructure.
The amount and manner of payment of a Supplementary Development Contribution is
determined in accordance with the Supplementary Development Contribution Scheme. The
scheme must specify the area to which it applies and also must specify the public
infrastructure project or service on which the supplementary contributions are to be
expended.
Dundalk Town Council & Louth County Council adopted a Supplementary Development
Contribution Scheme in 2008 in respect of the Dundalk Western Transportation
Infrastructure.
5 Classes of Public Infrastructure and Facilities
Development Contribution Schemes provide funding for three general classes of public
infrastructure or facilities, and their enabling costs.
Class 1: Water Services Infrastructure
To include the provision of sewers, waste water and water treatment facilities, drains and
water mains, and the refurbishment, upgrading, enlargement or replacement, of sewers,
waste water and treatment facilities, drains or water mains; (This class has been subdivided
into Water Treatment / Mains Water Network and Waste Water Treatment / Foul Sewer
Network / Surface Water Network for the purposes of proportioning contributions).
4
Class 2: Roads & Public Transport Infrastructure
To include the provision of roads, car parks, car parking places, and the refurbishment,
upgrading, enlargement or replacement of roads, car parks, car parking places and 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.
Class 3: Social Infrastructure
To include the provision of open spaces, recreational and community facilities, amenities,
broadband facilities and landscaping work. The acquisition of land will be factored into each
of the three classes of infrastructure accordingly.
6 Basis for the Determination of Development Contributions
In determining the basis for the development contributions, regard has been given to the
estimated cost attributable to the different classes of public infrastructure outlined in the
Dundalk & Environs Development Plan 2009-2015, County Development Board Strategy,
annual Roads Programme, Urban Renewal Projects, Housing Strategy, Homeless Action Plan,
RAPID Regeneration Programme, Town Centre Transportation Study, Dundalk Economic
Development Plan, Assessment of Water Services Needs Study, Water Conservation
Programme, South West Sector Local Plans, Mulaharlin Framework Plan, Mount Avenue
Masterplan, Dundalk Town Council’s Capital Works programme, Sports & Recreation
strategy 2006-2012, Government policy, local service programmes and the review of the
2004 Dundalk Town Council Development Contribution Scheme.
The following datasets informed the preparation of the scheme;

Housing Strategy projections, population projections and economic forecasts.

In estimating future development trends, the Planning Authority undertook desktop
research to establish the number of residential units for which planning permission was
granted and commenced in the term of the current Scheme.

The amount of non-residential development commenced in the period between 2004
and 2009.

From these, an estimate was made of the amount of residential and non‐residential
floor space per annum which the Town Council is likely to grant in the period 2010 to
2014.
The basis for the determination of a contribution in Dundalk Town Council’s Development
Contribution Scheme is as follows:
(a) the amount of the actual estimated costs which are attributable in the years up to and
including 2014, of providing public infrastructure and facilities (listed in Appendix A) but
excluding any benefit which accrues in respect of existing development (i.e. eligible cost).
(b) the aggregated floor areas in square metres of existing development and probable
development (2010 – 2014), in respect of residential and non-residential.
5
(c) the development contributions payable per square metre of residential and/ or non
residential development, are determined by dividing the eligible cost by the relevant floor
space.
6.2 Calculation of Contribution
In determining the contributions in accordance with this scheme, regard has been given to
the actual estimated cost of providing the classes of public infrastructure and facilities set
out in Table 1.
Table 1: Actual estimated costs attributable in the years up to and including
2014 in providing the following classes of public infrastructural development
Classes of Public Infrastructural
Development
Class 1 – Water and drainage infrastructure
and facilities
Class 2 – Roads, transportation
infrastructure and facilities
Class 3 – Parks, recreation, amenity and
community facilities
Total
€
€ 22,760,000
€13,000,000
€16,875,000
€ 52,635,000
The gross capital cost of projects on which the draft rates are calculated is estimated to be
€52,635,000. New or improved services are necessary for new development but also benefit
existing developments. Only that part of the capital expenditure which will benefit new or
improved services is used in the calculations of the amounts to be met by the levies on new
development.
An average discount of approximately 85% is applied to this total to reflect the benefit to
existing development that will accrue from such facilities and infrastructure. It is estimated
that there will be 150 residential units and 80,000 m2 of non residential development
constructed during the period, on which development contributions will be payable.
6.2 Proportioning Contributions
In determining the proportion of contribution for each class of public infrastructure, the
actual estimated cost of providing the infrastructure and the discount accruing to existing
development were taken into consideration. It is considered reasonable to recognize that
over the life of the schemes it would be advantageous to progress projects which are less
reliant on co funding, such as amenity schemes, and make allowance for this in the
proportion of contributions for each class of infrastructure and public facilities.
A complete breakdown of the development contributions payable in respect of the different
classes of Infrastructure is provided in Appendix B.
6
7 Car Parking
In addition to the above, where car parking cannot be provided in accordance with the
relevant Development Plan or Local Area Plan, the following contribution shall be payable
for the shortfall: €4,500 per space in Town Centre and €6,000 per space outside Town
Centre. The calculation of contributions in relation to deficiencies in car parking standards
shall relate to the gross floor area of the building(s) and does not include basement car
parking areas.
In sites within an Architectural Conservation Area, derelict sites, sites in need of
regeneration, key opportunity sites, as defined in the Development Plan, displacement of
inappropriate uses or in applications to redevelop a protected structure in accordance with
the principles of conservation and as agreed with the conservation officer, a reduction in car
parking contributions (where sufficient spaces cannot be provided on site) of up to 50% shall
be at the discretion of the Planning Authority.
Development contributions in respect of public piped services only shall be levied on multi
storey car parking or car parking areas where such car parking is provided within a structure,
or as part of a larger development, or such a structure is proposed in order to meet the
Council's development plan standards for an associated development.
7.1 Exemptions and Reduced Contributions
Section 48(3) (c) of the Act allows for a reduction in contributions or no contribution in
certain circumstances under the terms of the Scheme. The following categories of
development will be exempted from the requirement to pay development contributions, or
will be required to pay a reduced contribution as outlined in the following Tables:
Table 2 Exemptions
% payable
Category5
Provision of facilities by organizations under
Article 179 of the Planning & Development Acts
2000 – 2007
Provision of facilities by organizations which are
considered to be exempt from planning fees as
outlined in Part 12, Article 157 of the Planning &
Development Regulations 2001.
Voluntary organisations or voluntary/ cooperative housing bodies as outlined in Part 12
Article 157 (2) of the Planning & Development
Regulations 2001
Development by or on behalf of a voluntary
organisation which is designed or intended to be
used for social, recreational, childcare, crèche,
educational or religious purposes by the
inhabitants of a locality, or by people of a
particular group or religious denomination, and is
not to be used mainly for profit or gain.
Development consisting of drug treatment and
rehabilitation services and drug
No charge
No charge
No charge
No charge
No charge
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education/prevention services for which
permission was applied for by and is to be
operated by not for profit community-based
providers.
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.
Social housing units, including those which are
provided in accordance with an agreement made
under Part V of the Act or which are provided by
a voluntary or co‐operative housing association,
which is recognised as such by the Planning
Authority. This exemption shall also apply to
dwellings constructed on serviced sites sold by
the Local Authority under the Low Costs Sites
Scheme. Where Part V agreements are not in
place prior to the decision to grant permission,
the full contribution shall apply and shall remain
in place, unless and agreement is entered into
which includes the provision of social housing.
Extensions to Family Home
Restoration or refurbishment to a high
architectural standard to Protected Structures
included on the Record of Protected Structures
Development consisting of works for which a
person or body has received a Housing
Adaptation Scheme for People with a Disability
and/ or Mobility Aids Housing Grant.
Development of Sports facilities provided by
Voluntary Sporting Bodies
Provision of a high quality recreational facility
within a development.
No charge
No charge
No charge
No charge
No charge
No charge
All except the
Recreation
&
Amenity
Contribution
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Table 3 Reduced Contributions
1. Reductions will not apply to Retention Applications
2. Reductions apply to non-residential development only.
3. Where a mixed use development includes a residential element, reduced contributions
will apply to the non-residential elements only.
4. Where a particular development comes within the remit of more than one category of
reduced contributions, only one such reduction may be applied. In this instance the
Council shall apply the category where the greater percentage reduction applies.
5. These reductions do not apply to car parking contributions where non residential
development cannot meet the car parking standards set out in the Development Plan
Category
High quality developments in Architectural
Conservation Areas as identified in the relevant
Development Plan or Local Area Plan.
Derelict Sites or Opportunity Sites as identified
in the Derelict Sites Register or the
Development Plan.
Expansions to authorised industrial and
manufacturing operations
Manufacturing/ Internationally tradable/
financial services certified and/or supported by
the IDA and/or Enterprise Ireland.
Businesses certified and grant-aided by the
Louth County Enterprise Board or other
recognized local development agencies
Affordable Housing which is part of a Council
Scheme of Affordable Housing, housing on sites
under the Council’s Affordable Sites scheme, or
Affordable Housing provided as part of an
Agreement under Part V of the Planning and
Development Acts.
Change of use.
Development in the Dundalk Town Core area
creating significant additional employment at
operational stage. (i.e. not Construction Phase)
% Reduction
25
50
50
50
50
50
75
Piped
services
Contribution
8 Payment of Contributions
a) Conditions requiring payment of the relevant contributions will be imposed in all decisions
to grant planning permission made following the making of the Schemes by the Planning
Authority.
b) Contributions under the Schemes shall be payable in accordance with the conditions of
permission. Development Contributions shall be payable prior to the commencement of
development or as otherwise agreed by the Town Council. Contributions shall be payable at
the index adjusted rate (Wholesale Price Indices ‐ Building and Construction (Capital Goods))
pertaining to the year in which implementation of the planning permission is commenced.
c) The applicable Planning Authority may at its discretion facilitate the phased payment of
contributions, and may require the giving of security to ensure payment of contributions.
9
d) A 10% reduction will be applied to development contributions for residential
development where (i) the development contributions have been paid in full prior to any
works commencing on the development in question or any associated development on the
same site, and (ii) payment is made within twelve months of the grant of permission.
f) Contributions unpaid in full prior to commencement of development shall remain payable
together with interest that may accrue from that date.
9 Appeals to an Bord Pleanála
The Act stipulates that no appeal shall lie to An Bord Pleanála in relation to a condition
requiring a Development Contribution to be paid in accordance with a Development
Contribution Scheme.
However an appeal may be brought to the Board where the applicant for planning
permission considers that the terms of the Scheme have not been properly applied by the
Planning Authority in respect of any condition laid down by the Planning Authority.
10 Index Linked Adjustment
The rates of contribution payable may be revised annually in line with the Wholesale Price
Indices ‐ Building and Construction (Capital Goods) published by the Central Statistics Office.
For the avoidance of doubt, Development Contributions payable as a condition of a Grant of
Planning Permission may also be index linked as above and the outstanding balance shall be
reviewed and amended annually in accordance with the Index.
10
11 Ring Fencing of Income
Money accruing to a Local Authority under these Schemes shall be accounted for in a
separate account, and shall be applied to the provision of public infrastructure, facilities, and
their enabling costs.
12 Non Payment of a Contribution due to Planning Authority
Where a Development Contribution is not paid in accordance with the terms of a condition
imposed by the Planning Authority (or An Bord Pleanála), a Planning Authority may recover
any contribution due as a simple contract debt in a court of competent jurisdiction or by use
of enforcement provisions under Part VIII of the Planning & Development Acts 2000 – 2007.
The Planning Authorities reserve the right to initiate further enforcement action in respect
of unpaid development contributions.
13 Branding/Public Information
In the interests of transparency any major infrastructure project 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 part funded by contributions on development in Dundalk.
14 Review of Scheme
It is intended that the Development Contribution Scheme shall remain in force until the end
of 2014 unless otherwise replaced or modified before this date. Nevertheless the schemes
shall be reviewed in 2012. The scheme will apply for a minimum of 5 years from 2010 to
2014 inclusive and will continue past the end of 2014 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 that referred to above.
15 Rates of Contributions
The detailed rates of Development Contributions payable under these Schemes in respect of
different classes or descriptions of development are set out in Appendix B.
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APPENDIX A
RANGE OF PROJECTS WHICH MAY BE FUNDED FROM DEVELOPMENT CONTRIBUTIONS
The tables below reference many of the projects to be funded from development levies for
the period 2010 to 2014. It should be noted that the projects shown are indicative only
based on current demands for infrastructure from the various directorates. There will be an
ongoing review of the infrastructure and facilities which can be funded during the life of the
scheme, based on the levels of actual development contributions collected and any funding
costs which apply. Other projects may be substituted where appropriate while staying within
the overall approved budget.
Class 1 Water Services
Water Conservation Project
Water Network Infrastructure Projects within DTC –Castletown
Reservoir & Trunk main, Dundalk Water Conservation bundle, South
West Sector Watermains Phase 1
Expansion & Improvement works at Cavan Hill Water Treatment Plant,
Drainage Network Rehabilitation Improvement/Upgrade Works –
Sewerage & Surface Water, sewer relining
Waste Water treatment Plant Upgrade & Extensions –
Phosphorus/Nitrate treatment, Coes Road Pumping Station
Sewerage & Surface Water Infrastructure Projects within DTC – SWS
Pumping Station
Class 2 Roads & Public Transport Infrastructure
Red Barns Road Reconstruction
Hill Street junction Improvement
Cycle & Walking Network
Land Acquisition for Roads, Car Parks, Cycleways
Car Park Improvements
Provision of new Car Parks
Variable Messaging System
Hoey’s Lane to Tom Bellew Avenue link Road
12
Class 3 Social Infrastructure
Blackrock-Dundalk Walkway
Clarkes Forest Park
Dundalk Sports Centre Improvement
Improvements to Dundalk Swimming Pool
Market Square Refurbishment
Multi Use Games Areas/ Play areas
Muirhevnamor District Park
Newry Road Amenity Site
Improvements to public parks
Riverside Walks
Toberona District Park
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APPENDIX B: BREAKDOWN OF DEVELOPMENT CONTRIBUTIONS
Residential Developments
Residential
Units
Public Piped
Services
Roads
Recreation
& Amenity
Total
PROPOSED COSTINGS PER RESIDENTIAL
UNIT
€4,492
€3,038
€1,963
€9,493
PERCENTAGE OF TOTAL
47.32%
32.00%
20.68%
100
Non-Residential Developments
Type of development
Roads
contribution
per m²
gross area1
100%
Public Piped
Services
contribution
per m² gross
area
€44.36
€30.00
Recreational &
Amenities
contribution
per m² gross
area
€9.69
100%
€0
€30.00
€9.69
25%
50%
€11.09
€22.19
€7.50
€15.00
€2.45
€4.84
50%
€22.19
€15.00
€4.84
Proposed Use Classification
Industrial /Manufacturing /
Warehousing/ Commercial/ Retail
Development in the Dundalk Town
Core area creating additional
employment
Change of Use,
Derelict sites, Regeneration sites, Key
Opportunity Sites as identified in the
Dev. Plan,
Industrial & Manufacturing expansions,
Manufacturing, Internationally
tradable/ financial services, certified by
IDA/EI/LCEB
Communication Masts & Poles (excl.
buildings) per mast/pole
Subsequent antennae per antennae. 2
Multi Storey Car parking
Car Parking (town Centre per space)
Car Parking (outside Town Centre per
space)
Wind Turbine (Commercial) each
Development not coming within any of
the foregoing classes
Note 1
€10,000
€1,047.2
€70.67
€4,500
€6,000
100%
€5,000
€44.36
€30.00
€9.69
GFA (Gross Floor Area) means the area ascertained by the internal measurement of the floor
space on each floor of a building; i.e. Floor areas must be measured from inside the external
wall. This area is provided by the applicant on the planning application form and is subject to
technical verification by the Planning Authority.
Note 2
Relates to all free standing telecommunications support structures, including those in place
for Telephone, Radio, TV and Broadband.
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APPENDIX C: ADDITIONAL INFORMATION
The following requirements shall not form part of the Development Contribution Schemes:
Planning conditions may impose specific requirements on developers in accordance with
the principles of proper planning and sustainable development. Such conditions may
enhance the amenities of the local environment.
Overview of the 2004 – 2009 Development Contribution Scheme
The 2004-2009 Scheme was adopted by Dundalk Town Council on 24th February 2004. The
scheme applied to condition attached to planning permission granted under Section 34 of
The Planning & Development Acts 2000-2007 during the period 24th February 2004 to 28th
February 2010.
Over the lifetime of the Scheme, a total of 1,262 residential units and 260,896m² of
non-residential development has been granted/completed. A sum of €21,772,224 has
been collected over the lifetime of the scheme.
15