3.0 Types of Development Contributions

3.0 Types of Development Contributions

The Act provides for three types of development contributions that may be attached as conditions of planning permissions:

1. General Development Contributions (Section 48 – Principal Contribution Scheme)
2. Supplementary Development Contributions (Section 49)
3. Special Development Contributions (Section 48(2)(c)).

Both General and Supplementary Contributions are based on a scheme adopted by Members of the Local Authority.

(a)        General Development Contribution Schemes Section 48 of Planning and Development Act (as amended.)

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 Authorities functional area.  Section 48 (1) of the Planning and Development Act 2000 (as amended) outlines that a Planning Authority, when making a grant of permission may include a condition requiring the payment of a contribution in respect of public infrastructure and facilities. This section also indicates that such contributions may be related to works benefiting development in the area of the planning authority

(b)       Supplementary Development Contributions (Section 49)

Section 49 of the Act provides for the making of a Supplementary Development Contribution Scheme in order to facilitate a particular public infrastructure service or project which is provided by a Local Authority or a private developer on behalf of and pursuant to an agreement with a Local Authority and which will directly benefit the development on which the levy is imposed.

In general the same rules and procedures apply to the adoption of a Supplementary Development Contribution Scheme, as to the adoption of a General Contribution Scheme.  However, the scheme must in addition specify the area or areas within the functional areas of the Planning Authority, where the scheme will apply and the particular public infrastructure project or service for which the scheme is being applied.  In the area for which the scheme is adopted these contributions will be payable in addition to those payable under Section 48.

Limerick City and County Council prepared a Supplementary Contribution Scheme for the delivery of the R526 Link Road (Phase 3) in Mungret and if necessary further schemes will be made at a future time as required.

(c) Special Development Contributions (Section 48(2)(c))of the Planning and Development Act 2000 (as amended)

This provides for a Special Development Contribution where exceptional costs not covered by the general contribution scheme are incurred by a Local Authority in the provision of a specific public infrastructure or facility.  The Planning Authority may require the payment of a Special Development Contribution in addition to a contribution under the General Scheme.