Planning Conditions
Planning Obligations in Development
Generally, planning obligations are imposed through conditions in the planning permission. There may be social and affordable housing conditions and conditions relating to a range of other issues relevant to the development. Planning obligations are usually the means of providing a public benefit which the Planning Authority deems necessary as a package in granting the planning permission.
Planning obligations can restrict development in some way and can require specific activities to be carried out or can provide for the payment of money. It is normal practice for financial obligations to be payable before the grant of planning permission can be implemented.
Planning obligations must be fair and reasonable and are not to amount to the purchase of planning permission. They must be necessary. The obligation must be relevant to planning considerations, must be necessary, directly related to the development, and be fairly and reasonably related in scale and reasonable in all other respects.
Examples of planning obligations could include, for example, contributions towards the costs of a new access road, bus shelters, open space, improved junction layouts, new or improved rail/bus station facilities, park and ride, measures for cyclists, pedestrians, library facilities, social education, recreation or sporting facilities.
Social and Affordable Housing Obligations
Part V of the 2000 Planning and Development Act introduced a mechanism through which local authorities can obtain up to 20% of land zoned for housing development at “existing use value” rather than “development value” for the delivery of social and affordable housing.
A “Part V” agreement refers to the agreement between a developer (applicant) and the planning authority outlining how the developer will meet his/her obligations under Part V. When submitting a planning application; the developer must specify the manner in which he/she intends to comply with his Part V obligations.
The Compliance Options include:
- transfer of land – the default option (for the developer);
- building and transfer of houses;
- transfer of fully or partly serviced sites;
- transfer of land, building and transfer of houses on the land, transfer of fully or partly serviced sites (off-site);
- Payment of agreed amount;
- A combination of options.
In selecting an option, the developer should have regard to the planning authority’s Housing Strategy and other matters. Developers should discuss their Part V options in the pre-planning meeting.
Development Contributions
Originally development contributions were applied to planning permissions on an ad hoc basis. The Planning and Development Act 2000 required planning authorities to make schemes of development contributions. Planning conditions requiring contributions must be based on the schemes.
Contributions may be
- general development contributions
- supplementary development contributions
- special development contributions
Contributions under the scheme should not duplicate or require double contributions.
A procedure applies to making the development contributions scheme. The planning authority must publish the scheme and seek representations. The draft scheme is prepared, and the manager / CEO prepares a report on it. It is considered and adopted by the elected members.
The scheme may be varied and reviewed.
Public Infrastructure
The development contribution scheme provides for public infrastructure and facilities benefiting the development which is provided or intended to be provided by the local authority. They may include
- open spaces
- recreational community facilities and amenities
- landscaping works roads car park
- flood relief and infrastructure
- bus corridors and infrastructure
- public transport cycling pedestrian facilities
- traffic calming refurbishment upgrading and
- replacement of roads
- provision of telecommunication infrastructure provision of school sites
Schemes Criteria
The government has published guidelines in relation to planning schemes. The government has published a policy construction 2020 reflected in the Urban Regeneration and Housing Act 2015 which facilitates lower development contribution rates and supplementary rates with respect to permissions granted before the making of the scheme but where the development has not been commenced.
There need not be a direct connection between the works and development levy. The scheme should indicate the contribution level with reference to the different types of public infrastructure and facilities.
There may be different contributions for different types of developments. There may be different schemes for different parts of the county and city.
There may be provision for reduced contribution and no contribution in some cases. There may be waivers for some classes of contribution.
Supplementary Scheme
The supplementary development contribution scheme provides for conditions for particular public infrastructure service projects which will benefit the development. It may be provided by the local authority or by another entity for the local authority.
Infrastructure covered may include
- provision of particular new roads
- provision of new surface water sewers and infrastructure rail light rail
- public transport and car parks
- provision of new schools and infrastructure
This particular provision requires a more direct relationship between the development and the infrastructure concerned. The project or service concerned must be identified, and the benefits stated. The relevant geographical area should be identified.
Appeal
There is no appeal against a condition requiring payment of a general or supplementary development contribution. The appeal may be based on the improper application of the scheme.
In the case of an appeal by the applicant against the application of the scheme, the appeal is limited to this issue only. The planning authority may proceed to grant planning permission. If there is a third-party appeal, permission is not granted.
Water & Sewerage
After the formation of Irish Water, contributions in respect of water services infrastructure are to be the subject of an agreement between the developer and Irish Water. They should not be the subject of a planning appeal.
Matter to be Agreed
Where planning conditions require details to be agreed between the planning authority and developer, the planning authority is given eight weeks to reach agreement. If it does not do so, it is to notify the person concerned that the agreement has not taken place.
The failure to either issue a notice or refer the matter to an Bord Pleanala for decision within eight weeks results in deemed agreement. The terms of the agreement are to be placed on the planning register.
The Chief Executive may initiate a proposal for contravention of the development plan or local area plan. Certain parties are to be notified.