2.0 Definitions

Closeddate_range16 Oct, 2021, 8:00am - 29 Nov, 2021, 5:00pm

2.0 Definitions

Section 48 of the Planning and Development Act 2000 (as amended) gives the following meaning to "public infrastructure and facilities" -

(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 wate 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 places, sewers, waste water and water treatment facilities, service connections or watermains,

(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).

Notwithstanding the above definitions, with effects from 1st January 2014, responsibility for public water and wastewater services has been transferred to Irish Water.  In accordance with Section 21 of Water Services (No. 2) Act 2013, Irish Water are empowered to levy connection/supply charges in respect of these services.  Development charges in respect of water and wastewater facilities will no longer be applied by Limerick City and County Council.  Management of storm water remains a responsibility of Limerick City and County Council and provision for contributions towards investment in this infrastructure is included in the current scheme.

"Scheme" means a development contribution scheme made under Section 48 of the Planning and Development Act 2000 (as amended)

“Special contribution” means a special contribution referred to in Section 48 (2)(c) of the Planning and Development Act 2000 (as amended)

“Supplementary Scheme” means a supplementary scheme made under Section 49(1) of the Planning and Development Act (as amended)

In the preparation of the Development Contribution Scheme Planning Authorities are required to have regard to Development Contribution Guidelines for Planning Authorities issued by the Department of the Environment, Community and Local Government issued in January 2013 under Circular Letter PL1/2013 and also to take account of the non-statutory guidance previously issued in Departmental Circulars PD 4/2003 and PD 5/2007. As outlined above the Circular (PS 21/2013) issued in relation to the water services functions of Irish Water have also been taken into account, as has Circular PL 03/2018 Revision of Development Contribution Guidelines in respect of Telecommunication Infrastructure.