COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 11, 2011

MOTION NO.5

MOTION: Councillor C. Keane

That this Council discuss the result of the talks that have taken place with NAMA and the County and City Managers Associations re the shortfall in development levies - taking into consideration that Councils issue the certificate of compliance which can only be issued when development contributions are paid to the satisfaction of the local authority. That the course of action to be taken on each development in the SDCC area be discussed and agreed with this council, this discussion to take place with the aid of an up to date report on outstanding development levies of circa 34m  broken down into (a) not developed (b) partially developed (c) completed developments; as levies are only collectable on completed works, and to state the current economic value of outstanding levies.   

REPORT:

A full report on Development Contributions Scheme (DCS) was presented to the November meeting of the O & P & F Committee of the Council.(Full report below). Updates will be given to the Committee in relation to progress on the  collection of outstanding contributions. Contributions are conditioned in grants of permission to be paid prior to commencement of development but in practice agreements in relation to phased payments are common. As also pointed out in the report amounts conditioned in grants of permission may be subject to adjustment as development proceeds.

Whilst there have been initial discussions between NAMA and the CCMA this Council has had no contacts with NAMA in respect of DCS collection.

COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF ORGANISATION PROCEDURE AND FINANCE COMMITTEE

Thursday, November 18, 2010

HEADED ITEM NO.5

REPORT ON DEVELOPMENT CONTRIBUTIONS

In the context of the current national economic climate SDCC, in seeking to pursue outstanding development contributions, has categorised developments on which there are arrears as follows:

1 Development Not Commenced (even though Commencement Notice submitted)
2 Development Commenced but work has ceased
3 Development still Under Construction
4 Development Completed but Vacant
5 Development Completed and Occupied
6 Development where inspections have yet to be carried out  

Actions in relation to the various categories are as follows:

  1.  
 No action ( monitor for development commencing)
  1.  
 Examine for action in relation to completed element, and monitor for development recommencing
  1.  
 Issue invoices as development progresses
  1.  
 Take proceedings to secure the debt and monitor for occupation
  1.  
 Take all steps, including legal proceedings, to recover the debt in full.
  1.  
 Being examined/inspected

At the end of October there is a total of €33.9m in respect of outstanding development contributions relating to 235 developments.

This amount is categorised as follows:

  Development status Balance No. of  cases
  1.  
 Development Not Commenced (even though Commencement Notice submitted) €2,900,885.30 39
  1.  
 Development Commenced but work has ceased €3,662,340.81 17
  1.  
 Development still Under Construction €5,029,236.82 73
  1.  
 Development Completed but Vacant €17,087,666.67 49
  1.  
 Development Completed and Occupied €4,093,851.56 65
  1.  
 Development where inspections have yet to be carried out   €1,175,184.21 26
    €33,949,165.37 269

This figure also breaks down as follows by development category;

Development Type Balance No of cases
Commercial €11,561,728.10 97
Residential €22,387,437.27 172
  €33,949,165.37 269

In the coming months legal proceedings will commence in respect of a number of these arrears cases, and in view of the complexities that may arise Counsel has recently been engaged to advise on how best to proceed.

It should be noted that all monetary amounts quoted above are book balances, and that adjustments may arise in a number of cases due to various issues including developers carrying out works in lieu of financial contributions; credits due for social housing; development not being completed; development not commencing.