Planning and Development Act 2000 Section 49 Wicklow Port Access and Town Relief Road
Adopted 1st December 2008
Section 49 of the Planning and Development Act 2000 (the Act) enables a Planning Authority when granting planning permission pursuant to Section 34 of the Act to attach a condition to a planning permission requiring payment of a financial contribution in respect of any public infrastructure service or project hereafter referred to as
"Supplementary Development Contribution Scheme" (SDCS)
Subsection (1) of Section 49 specifies that the project or service shall be specified in the SDCS made by the Planning Authority. The making of such a SDCS is a reserved function of the elected members. The project or service shall be provided either by a Planning Authority or pursuant to an agreement with the Local Authority or may be carried out by any other person. In addition the project or service shall benefit the development to which the planning permission relates, when carried out.
The SDCS shall determine the amount and the manner of payment of the contribution. The SDCS shall specify the area or areas within the functional area of the planning authority to which it relates and the particular public infrastructure project or service to which it relates. More than one SDCS may be made in respect of a particular area. The SDCS may provide for different contributions to be made in respect of different classes or descriptions of development.
The SDCS is required to state the basis on which the contributions have been determined and the estimated cost of providing the project or service. There is provision within the legislation for the phasing of payments and the payment of reduced or no contributions.
A planning authority may enter into an agreement with any person in relation to the carrying out or the provision of a public infrastructure project or service as may be appropriate. Such an agreement may make provision for any or all of the following:
- (a) The manner in which the service or project is to be provided or carried out including provision and maintenance of any infrastructure and operation of any service or facility.
- (b) Arrangements regarding financing of the project or service and the manner in which contributions paid or owed to the planning authority pursuant to a planning condition relating to a SDCS may be applied in respect of that project or service.
- (c) Entry into such further agreements as may be necessary with any other person regarding the financing and provision of such service or carrying out such service.
- (d) The entry into force, duration and monitoring of the agreement; including the resolution of disputes.
Amendments can be brought to the level of contribution if the actual cost of provision of the project is less than estimated. The making of such an amendment to the scheme is a reserved function of the Planning Authority.
Section 49(7) of the Act defines a public infrastructure project or service to mean:
- (a) The provision of particular rail, light rail or other public transport infrastructure, including car parks and other ancillary developments.
- (b) The provision of particular new roads.
- (c) The provision of particular new sewers, wastewater and water treatment facilities, drains or water mains and ancillary infrastructure.
The particular road infrastructural project is the construction of the Wicklow Port Access and Town Relief Road (WPATRR) and associated structures and services. The project consists of two new sections of roadway, the Port Access Road (1.6km long) and the Town Relief Road (3.0km long) and which is defined in the Alignment Map (Drawing Ref. SK-059 P1). Both roads start at the R750 Rathnew Road. The Port Access Road heads eastwards towards the Murrough and the Town Relief Road heading southwards.
The estimated net capital cost required to be contributed by Wicklow Town Council towards the construction of these roads and development projects is €4,000,000.
Area to which the scheme will apply
The scheme shall apply within the entire Town Council administrative area.
The entire Town will benefit from the scheme. There are various land use zoning areas within the Town. Each of these areas can be developed in a sustainable manner in accordance with sustainable development principles, Residential Density Guidelines and the Town Development Plan policies.
In addition to the primary catchment area which is defined in 4.1 above, and to which this SDCS will apply, the project will provide additional service and associated resulting public and private benefit to the entire administrative area of the County by reason of the fact that this scheme will link into the existing public road system. However, and in accordance with Section 48(3) (c), any benefit which accrues to existing development shall not be included in the determination of any contribution pursuant to the SDCS.
Level of Contribution
|Development Type||Reduction / Increase|
|Social Housing||100% reduction all classes|
|Housing provided by Voluntary organisations or Co-Operative housing bodies as outlined in Article 157 (2) of the Planning and Development Regulations 2001||100% reduction all classes|
|Facilities provided by organisations which are considered exempt from planning fees as outlined in Article 157 (1) (a) – (c) of the Planning and Development Regulations 2001||100% reduction all classes|
|Crèche/Childcare facilities||50% reduction all classes|
|Employment-creating industrial type development, in certain areas subject to Section 6.2 below.||€50 per m2 shall apply for all classes|
|Designated areas under Urban Renewal approved by Central Government||50% reduction all classes|
The following levels of SDCS rates are proposed:
- Residential: €5,500 per dwelling, reduced to €2,500 for one-off dwellings under 130m²
- Industrial/Commercial: €39 per m²
The SDCS rates are considered reasonable given the benefits the WPATRR will bring to the area as defined in 4.0 above. The WPATRR will improve the areas attractiveness and marketability for both residential ad commercial developments and will result in significant added value to land.
Manner of Payment
The SDCS will be attached as a condition of planning permission at the above rates. Such contributions will be attached to all planning permissions issued within the scheme area defined in 4 above following the adoption of the scheme by the Town Council. Levies on development, following the adoption of this scheme, cannot be subsequently appealed to An Bord Pleanala unless the applicant considers the levies have not been applied correctly.
The Planning Authority will collect the levies and make the monies collected available to the Transportation and Road Infrastructure Directorate of Wicklow County Council.
The levy under this SDCS shall be payable at the commencement of development at the rate pertaining to the particular year in which implementation of the planning permission is commenced.
Duration of the Scheme
This SDCS takes effect from 2nd December 2008. The duration of the SDCS is 10 years from that date unless and until some other period of time shall be substituted for that period by order of Wicklow Town Council.
The levels of contributions received will be monitored on a regular basis, and if the anticipated contribution generated by the Scheme is realised earlier than 10 years then the proposals in this respect will be submitted to the members of Wicklow Town Council.
Monitoring and Review
This SDCS provides a level of contribution that shall be updated each year during the life of the scheme in line with the Consumer Price Index by the Central Statistics Office.
The SDCS may be reviewed from time to time by the Planning Authority having regard to the circumstances prevailing at that time. Where it is proposed to reduce the level of contributions payable this may be attained by an amendment to the existing scheme when agreed upon by the elected members. Any increase in contributions will require the adoption of a new or amended scheme by Wicklow Town Council.