DRAFT Development Contribution Scheme Limerick City and County CouncIL 2022-2026
Section 48 of the Planning and Development Act 2000 (as amended) enables 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 that is provided, or that is intended to be provided, by or on behalf of the Local Authority, regardless of other sources of funding for the infrastructure and facilities.
In addition, a Planning Authority 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 a Local Authority in respect of public infrastructure and facilities, which benefit the proposed development.
Subsection (2) and (3) of Section 48 of the Planning and Development Act 2000 (as amended) specifies that a scheme shall:
- Set out the basis for determining the contributions to be paid in respect of public infrastructure and facilities, in accordance with the terms of the scheme.
- Make provision for payment of different contributions in respect of different classes or descriptions of development.
- Allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provisions of the scheme.
- Indicate the contribution to be paid in respect of 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.
- Facilitate the phased payment of contributions and may require the giving of security to ensure payment of contributions.