COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE (2)

Monday, February 25, 2013

MOTION NO. 7

MOTION: Councillor J. Hannon

That this Committee is of the view that, in the event of development levies in respect of residential properties in the area within its remit being outstanding, no action should be taken to seek to recoup such monies from the relevant householders.

REPORT:

As the members may be aware, this issue is also the subject of a Motion proposed at the February Council meeting and deferred for debate to the March meeting.

It is assumed that the intention of this Motion is that the Council not pursue (for payment of development contributions) a subsequent occupying householder  in a multi unit residential development where the occupier was not the developer. In other words it is assumed that the motion does not propose to exempt from development contribution payment, a private individual building a house for their own benefit.

Where a local authority has adopted a development contributions scheme in accordance with the provisions of the planning acts (as is the case in SDCC, most recently on January 14th 2013), the payment of a development contribution where applicable, becomes a statutory planning requirement in the form of a condition attached to planning permission.  The planning permission and the associated benefits and obligations and associated conditions, is not transferable and does not move with an individual i.e. it is attached to the property. There is not full compliance with planning permission where development contributions have not been paid

It is normal conveyance practice that prior to sale, a solicitor acting on behalf of any purchaser would seek confirmation of compliance with planning conditions with the local authority, including in particular, the payment of development contributions. Where this practice is followed it is unlikely that a sale would proceed without planning issues, such as payment of development contributions, having been confirmed as in compliance with the associated permission(s). This operates as a necessary safeguard for the purchaser.

The local authority has a duty under planning legislation to ensure full compliance with the conditions of planning permission, through enforcement measures and the Council are obliged to operate statutory provisions for the collection of income to fund necessary public infrastructure, including the collection of development contributions.

For further information in respect of the collection of development contributions please see link to recent report to the Economic Development SPC.