Local Authorities Building Stronger Communities The Role of Philanthropy and Alternative Funding Initiatives Thursday 25th February 2016 Dublin Castle Development Contribution Schemes By Eugene Condon

Legislature Framework Planning and Development Act 2000 (as amended) Section 48 Development Contributions Section 49 Development Contributions Today we will deal with Section 48

What is a Section 48 Development Contribution ? It is a requirement put on a development that is granted planning permission to pay a contribution to the cost of public infrastructure that benefits the development in the area.

Public Infrastructure for the purpose of legislation is: Planning and Development Act 2000 (as amended) Section 17: (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, waste water and water treatment facilities, service connections, watermains and flood relief work (d) the provision of bus corridors and lanes, bus interchange facilities, and traffic calming measures, Continued…

Public Infrastructure for the purpose of legislation is: (e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking spaces, 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 (h) any matters ancillary to paragraphs (a) to (g).] “scheme” means a development contribution scheme made under section 48 of this Act; “special contribution” means a special contribution made in subsection (2)(c)

How do you prepare a Scheme ? Establish the growth projected over the lifetime of the Scheme both Residential and Commercial. Identify the infrastructure required to support future development. Estimate the cost of delivery of that infrastructure Distribute cost across future growth projection Regard to market conditions

Having regard to: Existing user benefit - any benefit which accrues in respect of existing development may not be included Other sources of funding Accrued debits or credits from previous schemes Cost

Department of Environment Guidelines Importance of supporting Economic Development. Recommended Methodology for the preparation of a Contribution Scheme.

Development Contribution Scheme

Section 48 Schemes to date Since 2004 there have been 3 Development Contribution Schemes covering the following periods: to to *May 2013 to 31/12/2015 TOTAL RECEIPTS S48 from 2010 to date = €57M approx. *Rates were reduced to reflect economic circumstances

Capacity to retain a Development Contribution particularly in DLR That the indexing of contribution should have regard to the ‘green shoots’ stage of the market

Dún Laoghaire- Rathdown County Council Development Contribution Scheme Section 48, Planning & Development Act 2000, (as amended) Adopted by Dún Laoghaire- Rathdown County Council On 14 th December, 2015

Scale of Development – This was based on Development Plan projections in particular the Core Strategy Cost of providing infrastructure – This was estimated by each of the Service Departments in DLR For full cost recovery rates of €12,209 per residential unit and € per square metre (commercial) Not feasible and represented a 42% increase on current rates

Having regard to the market conditions Existing user benefit Other funding mechanisms

Rates adopted - 1/1/2016 Class of Public Infrastructural Development € per unit of Residential Development € per square metre of Domestic Extensions in excess of 40 sq.m € per square metre of Industrial/ Commercial class of Development Class 1: Community & Parks facilities & amenities 3, Class 2: Roads infrastructure & facilities 5, Class 3: Surface Water Infrastructure Total of Contributions Payable 8,

To use the Development Contribution scheme to promote proper planning and sustainable development. The following exemptions and reductions were included in the scheme:

Developments by organisations having exemption from income tax and corporation tax under Section 207 of the Taxes Consolidation Act 1997 and currently holding an exemption certificate from Revenue Commissioners, Including registered charities provided that the development is exclusively for the primary purpose of the organisation/charity. Primary school, post primary school, non commercial community centres, youth centres, and similar non-commercial community related developments. Change of use of an existing premises including ‘Living Over The Shop’. For clarification purposes any additional floor area will be levied at the appropriate rate. Renovations to restore/refurbish structures deemed to be “Protected Structures” in the County Development Plan, where the Council is satisfied that the works substantially contribute to the conservation of the structure. Continued..

The non-built elements of recreational facilities (e.g. playing pitches, golf courses) Car parking i.Car parking in residential developments ii.Car parking integrated within a structure is exempt when ancillary to the commercial use of the structure. When not exempt, i.e. when use is non ancillary, it will be measured on the basis of gross floor area. Ancillary car parking is car parking that accords with the County Development Plan Car Parking Standards. iii.Surface car parking is leviable at 25% of the Countywide rate. It will be assessed on the basis of each car parking space being 12 square metres.

DLR identifies within Sandyford Urban Framework Plan area the need for additional infrastructure to facilitate the level of growth that is planned for in the Sandyford Urban Framework Plan.

Additional Levy for spending in Sandyford Business District Office€53.00 per M ² Other€24.90 per M ² Residential€4,008 per unit

This has the support of the Sandyford Business District Association Already dealing with application for circa 80,000sq.m for development that will be subject to the levy.

Projects Developed to date

Mounttown Community Centre

Stonebridge Community Centre

Samuel Beckett Civic Campus

Deansgrange Library

Blackrock Library

Kilbogget Park Playground

Shanganagh Park & Playground

The Metals

Shanganagh Castle Allotments

Traffic Calming Works Dalkey Avenue Grove Avenue