COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 11, 2013

MOTION NO. 12

MOTION: Councillor C. Brophy

That this Council does not support the actions of Wicklow County Council against home owners in relation to Development Levies and that this Council would not undertake similar action in South Dublin

REPORT:

The detailed report below sets out the complex issues in relation to the collection of Development Contributions conditioned in Planning Permissions. In summary, in all cases where development contributions remain unpaid, the requirement to secure compliance with the planning permission as granted is a legislative duty of  the Planning Authority and is the responsibility of the property owner. However, in the case of sale/purchase of a speculatively built home, provided that the normal conveyance practice outlined below is observed, no further requirement in respect of Development Contributions should arise. South Dublin has not, to date, taken enforcement action against individual occupants of multi-unit developments where they are not the developer.  Furthermore, it has always been our priority to deal with the developer in relation to the payment of development contributions.

Where a local authority has adopted a development contributions scheme in accordance with the provisions of the planning acts (as is the case in South Dublin County Council, most recently on January 14th 2013), the payment of a development contribution 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 has been normal conveyance practice for decades 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 twin safeguards whereby the Council ensures that development contributions must be paid by the developer prior to close of sale and the practice whereby a solicitor acting on behalf of a purchaser seeks confirmation of payment of development contributions, have operated effectively to date.  There is a concern that any blanket move to preclude local authorities from pursuing individual homeowners, could have the unintended consequence of removing part of this safeguard and placing the onus entirely on the local authority.

In any event, the local authority has a duty under planning legislation to ensure 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.