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Development contribution under Section 48 of the PLanning act

  • 21-03-2010 4:28pm
    #1
    m_stan
    Registered Users, Registered Users 2 Posts: 1,653 ✭✭✭


    I've been granted planning permission for the extension of an existing semi-d property in Dublin. It's a pretty standard extension - garage conversion with addition of bedroom above, and two story extension to the rear.

    I was very surprised to see the inclusion of a 'Standard Section 48 Contribution Condition' as a condition to the planning. This calls for a 'contribution' of €7,047.9 to be paid under Section 48 of the Planning & Development Act 2000 - 2007 before any works begin.

    The reason is stated as: 'Investment by Dublin City Council in Local Authority works has facilitated and will facilitate the proposed development. It is considered appropriate and reasonable that the developer should contribute to the cost of same.'

    Is this correct? How can it be justified? I could understand it if it were a new development, but this is the renovation and extension of an existing dwelling which is already connected to mains water, electricity, gas, sewage etc.

    Should this not only apply to new developments / large developments?


Comments

  • #2
    sydthebeat
    Subscribers Posts: 42,171 ✭✭✭✭sydthebeat


    http://www.fingalcoco.ie/Planning/DevContributionLevySchemePlanningFees/FileDownload,20405,en.pdf

    Look at page 4

    it states:
    Note 3: New extensions to existing developments will be charged at the above rates also.

    subject to the following exemption:
    (a) The first 40 sq metres of domestic extensions (one per dwelling).

    therefore i assume you applied for a 90 sq m extension and you are being charged for the remaining 50 sq m. Your agent should have informed you of this possible financial implication as part of the application. In my opinion a financial contribution of approx 15-20% of construction cost per sq m is completely unreasonable in the current economic climate and will impede construction in a time when it is required most.

    I can allow this thread remain open as long as it doesnt start turning into a thread cribbing about financial contributions.


  • #3
    m_stan
    Registered Users, Registered Users 2 Posts: 1,653 ✭✭✭m_stan


    Thanks. Who would be my 'agent' in this case? My architect?

    Oh, and cribbing isn't allowed? :)


  • #4
    gman2k
    Registered Users, Registered Users 2 Posts: 4,076 ✭✭✭gman2k


    m_stan wrote: »
    Thanks. Who would be my 'agent' in this case? My architect?

    Oh, and cribbing isn't allowed? :)

    Your agent is the person/company who lodged the planning application for you- surprised they never told you about the contributions.....

    however, whilst I'm not sure of the levels that your local authority charge, it is not unknown for mistakes to be made in the calculations.
    I'd have a chat to your agent and get them to review same, with regards to the relevant sections of the county development plan.
    I once saved a client circa €40k in excess charges that were being applied by my favourite local authority - Kildare County Council.


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