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Chief Executive’s Report on Submissions Received on the Draft Meath County Development Contribution Scheme 2016 – 2021(2nd November, 2015)

Produced byMeath County CouncilBuvinda HouseDublin RoadNavanCounty Meath C15 Y291Tel: (046) 9097000Fax: (046) 9097001www.meath.ie [email protected]

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Contents

1. Introduction...........................................................................................................................3

2. Submissions............................................................................................................................4

Submission no. 1001: Planning Section, Meath County Council.............................................4

Submission no. 1002: Paddy Donnelly....................................................................................5

Submission no. 1003: Department of the Environment, Community & Local Government...6

Submission no. 1004: Cllr. Sean Smith...................................................................................7

Submission no. 1005: Cllr. Damien O’Reilly............................................................................7

Submission no. 1006: Thomas Keenan...................................................................................8

Submission no. 1007: Joseph Jones......................................................................................10

Submission no. 1008: William Brennan................................................................................11

Submission no. 1009: The Construction Industry Federation...............................................12

Submission no. 1010: Ciaran Donnelly on behalf of Killegland AFC......................................13

Submission no. 1011: Brock McClure on behalf of Musgrave Retail Partners Ireland..........14

Submission no. 1012: New Generation Homes Ltd..............................................................14

Submission no. 1013: Sean Carney.......................................................................................15

Submission no. 1014: Ashbourne Playspace Network..........................................................16

Submission no. 1015: Carol-Anne Seaye..............................................................................17

3. Summary..............................................................................................................................17

4. Schedule of Amendments – Summary of Proposed Amendments and Modifications Recommended by the Chief Executive.................................................................................18

Appendix 1 – Submissions Received on the Draft DCS 2016-2021......................................................20

Chief Executive’s Report on Submissions Received on the Draft DCS 2016 - 2021 3

1. IntroductionEach Planning Authority is required to prepare and maintain a Development Contribution Scheme in accordance with Section 48 of the Planning and Developments Acts 2000 - 2015. Such schemes are to be reviewed and a new scheme prepared at least every six years. The Draft Meath County Development Contribution Scheme 2016 - 2021 is the third contribution scheme to be made for County Meath. The significant difference on this occasion is that the Scheme will not include provision for water services infrastructure which is now a function of Irish Water and it will be the first contribution scheme to cover all areas of County Meath including the former Town Council areas of Trim, Navan and Kells.

Meath County Council published Notice of the Draft Meath County Development Contribution Scheme 2016-2021 pursuant to Section 48 of the Planning and Development Acts 2000 - 2015.

Notice was published on 15th August, 2015 in the Meath Chronicle and also on our website www.meath.ie. Submissions were invited before 4pm on Tuesday 6th October, 2015.

The Chief Executive is required to prepare a Report on the submission received. That report shall list the parties who made submissions, include a summary of the issues raised and give the Chief Executive’s response to those issues.

15 number submissions were received prior to the closing date and a Schedule of those who made submissions is included in Appendix 1 attached to this Report.

The commencement of Section 29 of the Urban Regeneration and Housing Act, 2015 on 1st September, 2015 amends Section 48 of the Planning & Development Act whereby a developer may avail of the rate of development contribution due at date of commencement of construction, or the date of sale, where the contribution due at that date is less than the rate included in the specific conditions of their planning permission. The inclusion of this new statutory provision was referenced in the Draft Meath County Development Contribution Scheme 2016 -2021 and its commencement does not materially impact on the provisions of the Draft Scheme as published. The text of the Scheme will be amended to reflect the commencement of relevant sections of the Urban Regeneration and Housing Act, 2015.

The format of this Report will address the issues raised in each individual submission. Each submission will be summarised, the position of the Chief Executive stated and a recommendation made for consideration of the Members. Where an issue is repeated in a number of submissions, the Chief Executive’s response will reference the earlier stated position of the Planning Authority.

References to the “Draft Scheme” in this report should be read as references to the Draft Meath County Development Contribution Scheme 2016 - 2021.


http://www.meath.ie/

2. Submissions

Submission no. 1001: Planning Section, Meath County Council

This submission addresses a number of issues that have come to light following publication of the Draft Scheme and which should be addressed prior to making of a new Scheme.

Summary of Issues Raised

It is suggested that the Draft Scheme should reference the Meath Economic Development Strategy 2014 - 2022.

The Council is called to be pro-active in its delivery of economic activity.

It is suggested that the Draft Scheme should include provision for specific rates in locations which are designated as strategic employment sites in the Meath Economic Development Strategy 2014 - 2022.

The Council should regularly monitor its contribution rates with reference to adjacent counties.

It is suggested that the reference to “art piece” in Appendix C of the Draft Scheme should be expanded to include “art piece or other agreeable local amenity feature”.

Amend the category of development in the Draft Scheme from Wind Turbines to Renewable Energy Initiatives.

Amend the charge basis from a rate per turbine to a rate based on the mega watt output from each installation.

Chief Executive’s Response

The Chief Executive agrees that the Draft Scheme should include explicit reference to the Meath Economic Development Strategy 2014 - 2022 and the text of the Draft Scheme will be amended to reflect the adoption of the Meath Economic Development Strategy 2014 - 2022. The Chief Executive points out that the Draft Scheme was prepared with a view to keeping Meath competitive and removing impediments to economic activity which are key tenets of the Meath Economic Development Strategy 2014 - 2022. In that regard the Draft Scheme proposes to incentivise economic development by exempting changes of use across all categories of non residential development and exempting business expansions from the requirement to pay development contributions.

The Draft Scheme has not proposed weighted rates of development contributions for specific centres as to do so could inhibit development in other locations as pro rata increases would be required to offset incentives in targeted areas. It is considered prudent to recognise that Meath’s economic base is largely sustained by indigenous business which, in many cases, has location specific needs. Consequently it is not deemed appropriate at this time to include different rates of development contribution for distinct settlements or sites. It is recognised that a Variation of the Meath County Development Plan 2013 – 2019 is proposed to reflect the recommendations of the Meath Economic Development Strategy 2014 -2022 and it is considered premature to prejudge the outcome of that statutory process at this time.

The Draft Scheme was prepared with reference to Meath’s position in the greater Dublin area and the mid eastern region. The development contribution rates proposed in the Draft Scheme place


Meath at a competitive advantage when compared to our immediate neighbours in the greater Dublin area. The Draft Scheme also provides for a mid-term review in 2018.

The Chief Executive accepts that it is appropriate to expand the definition of “art piece” in Appendix C to “Art piece or other local amenity feature approved by the Planning Authority”.

Meath County Council has received a number of enquiries in respect of solar energy farms between publication of the Draft Scheme and the end of the submission period. The Council has examined how other Local Authorities have dealt with such proposals under their Development Contribution Schemes. In most instances the level of development contribution payable is based on the energy output of the solar panel or wind turbine while also providing that where such technology is used for site specific energy needs such as that serving a dwelling or on-site use that the source would be exempt from development contributions.

Meath County Council has proposed a rate of €10,000 per wind turbine in the Draft Scheme. On review it is evident that this category should be broadened to include solar panel farms or other renewable energy initiatives and that the basis for charging development contributions should be calculated on the output of the energy source. The Council has reviewed similar rates in neighbouring counties and proposes a rate of €10,000 per mega watt (calculated at €1,000 per 0.1 mw) output instead of a per wind turbine basis as outlined in the Draft Scheme. Where permission is sought for primary use for on-site consumption with the excess exported to the national grid, the first 0.5 mw shall be exempt from development contributions and any additional output charged at the rate for 0.1 mw thereafter (i.e. €1,000).

Chief Executive’s Recommendation

1) Amend the text of the Draft Scheme to reference the Meath Economic Development Strategy 2014 – 2022 to include the following: “Meath County Council has prepared the Meath Economic Development Strategy 2014 - 2022 to inform the economic development of the County. This Development Contribution Scheme supports the economic development of County Meath by including specific incentives to support business start up and expansion. The change of use of existing structures and the expansion of existing business no longer attract development contributions.”

2) Amend “art piece” in Appendix C to “art piece or other local amenity feature approved by the Planning Authority”.

3) To amend the category of development under the Schedule of Charges in the Draft Scheme from Wind Turbines to Renewable Energy Initiatives.

4) To amend the charge basis from a rate per turbine to a rate based on the mega watt (or part thereof) output from each installation.

Submission no. 1002: Paddy Donnelly


The submission congratulates the Council on its work with the Meath Economic Forum and recognises that the Draft Scheme will assist the economic development of the county.


The Chief Executive notes the content of the submission.



No change.

Submission no. 1003: Department of the Environment, Community & Local Government


The Department seek clarification that Meath County Council was mindful of the policies adopted by other Local Authorities in the immediate area when preparing the Draft Scheme.

The Department also sought clarification as to whether the Draft Scheme proposes higher rates for retention permissions in line with Departmental guidance and whether the issue of “double charging” has been addressed in the Draft Scheme.


Meath County Council conducted a review of the Meath County Development Contribution Scheme 2010 - 2015 in advance of preparation of the Draft Scheme. It was noted that Meath County Council’s development contribution cost base reflects its geographic position adjacent to the greater Dublin area and abutting midland rural counties. Meath’s residential contributions are lower than similar rates in Fingal, Wicklow and Kildare and higher than rates in Drogheda, Dundalk, Louth, Cavan, Monaghan, Offaly and Westmeath. A comparison of non residential rates finds that Meath has lower rates than Louth, Kildare, Wicklow, Dundalk, Fingal and Drogheda and higher rates than Monaghan, Westmeath, Offaly and Cavan. The Draft Scheme proposes a balance whereby incentives to business are offset by maintaining the residential rates at a level slightly lower than those which currently apply. The Council believes that such a balance reflects its ethos of encouraging economic activity.

The Draft Scheme does not impose penal contribution levels for retention permission but provides that the 10% discount for prompt payment of contributions is not available where retention permission is granted.

The Draft Scheme also ensures that the most common instance of potential ‘double charging’ is eliminated whereby change of use permissions, which propose to re-use a residential or non residential structure which has previously paid the development contribution, shall not be the subject of a subsequent development contribution based on the change of use of the structure. The Departmental guidance sought to ensure that where a development contribution was required as part of a Local Area Plan provision that a Development Contribution Scheme should not impose a second round of contributions. This scenario does not apply in County Meath as development contributions are not required on foot of policies or objectives contained in its suite of Local Area Plans.


No change.


Submission no. 1004: Cllr. Sean Smith


Cllr. Smith called for the application of development contributions to projects in the local area where they were generated, citing the generation of contributions in Ashbourne and their potential and historic application to developments such as swimming pools and the Solstice Arts Centre in Navan.

Cllr. Smith also suggests that there is potential for the residential development contribution rates proposed in the Draft Scheme to be increased to rates equivalent to those charged in neighbouring Fingal.


The Planning & Development Acts provide that Development Contribution Schemes apply to public infrastructure provided by the Local Authority that benefit development in the Local Authorities’ functional area. This provision ensures that development contributions are available to fund infrastructural development on a county at large basis. While there is a legitimate expectation that contributions will provide local benefits, Local Authorities are mindful that their service obligations have a broader county wide remit and must balance the needs of large urban centres with the requirements of less developed areas. It is important that the Council’s approach is informed by social inclusion and the provision of infrastructure on a planned basis. The Council presented its Capital Building Programme to the Members of Meath County Council earlier this year and the Draft Scheme is based on the projects included in that Programme together with additional projects identified in development objectives contained in land use plans.

The Council is mindful that the Draft Scheme should offer a balanced approach to sharing the burden placed on development by the Development Contribution Scheme. On this occasion the Council’s core objective is to develop the economic base of the county, to drive employment and to maximise the capacity of the population. Increased economic activity cannot be achieved in isolation and there must be a commensurate opportunity for the construction sector to provide homes for the county’s population. The Draft Scheme as proposed has simplified and flattened the residential bands following the creation of Irish Water and the narrowing of the Scheme to address roads, surface water drainage and amenity infrastructural provision only. Residential rates have been slightly reduced in the Draft Scheme and are pitched at levels that are significantly lower than our main competitors in Fingal and Kildare and are broadly in line with those currently applicable in Louth. Given the shortage in housing at national level, increased residential rates would hinder the construction sector’s delivery of household projections contained in Construction 2020. The Council’s position remains that the Draft Scheme is balanced and sustainable.


No change.

Submission no. 1005: Cllr. Damien O’Reilly


Cllr. O’Reilly calls for development contributions to be ring fenced for a children’s playground in the Kilcloon / Mulhussey area.



The list of projects included in the Draft Scheme includes funding under the broad heading of Playground Incentive Fund. The Capital Building Programme, on which the Draft Scheme is based, included funding for specific playgrounds under this heading. However, the application of funds to such projects will be informed by the availability of other funding sources, identification of suitable sites and obtaining planning consents. In the event that planned projects do not proceed, the Draft Scheme provides that similar projects may be substituted while staying within the overall funding framework. The application of funds to alternate projects outside those included in the Draft Scheme is considered premature at this time.


No change.

Submission no. 1006: Thomas Keenan


1. Mr Keenan suggests that the word ‘levy’ should replace the word ‘contribution’ in the Draft Scheme title.

2. It is suggested that 75% of contributions raised in a particular area be ring fenced for infrastructural projects in that area.

3. It is suggested that the Draft Scheme should include more projects which are intended to meet the need of rural populations as well as the needs of larger urban centres.

4. Mr Keenan submits that the contribution payable for residential development appears to be quite high. It was expected that the level of residential contributions would have reduced by approximately 50% as water and sewerage projects are no longer being funded by the Draft Scheme.

5. Clarification is sought as to the rate applicable for sports facilities which is equal to that sought for some commercial activities such as warehousing. Mr. Keenan proposes that such facilities be exempt from charges or incur significantly reduced rates.

6. Clarification is also sought as to the difference in allocations towards surface water drainage between residential and non residential developments.

7. It is submitted that the commercial sector is paying on the double as the structures will subsequently be subjected to payment of commercial rates.

8. The transparency of including discretion to reduce or waive a contribution in accordance with Section 48(3)c of the Act is questioned.

9. Clarification is sought as to the different treatment of the housing of pigs and poultry as distinct from housing for other farm livestock.

10. The submission also includes a request to include pedestrian and cyclist facilities from Donaghmore Cross Road west to Harlockstown Lane and on the Milltown Road from Milltown Bridge south east to Donaghmore Cross Road.



1. The format of the Draft Scheme and the terminology contained therein is based on the statutory requirements of the Planning and Development Acts. The format of the Draft Scheme and the methodology for calculating contributions are outlined in Departmental guidance and circulars.

2. The submission on ring fencing a percentage of development contributions for local use has been addressed in submission 1004 above.

3. The Council confirms that the Draft Scheme has been prepared in compliance with those requisites and that the scope of projects to be funded under the Draft Scheme has been compiled with reference to projects included in the Council’s Capital Building Programme and in its land use plans.

4. The residential development contributions included in the Draft Scheme were prepared cognisant of the current residential development contributions for roads and social amenity infrastructure and are generally less than those that currently apply to those categories. It is acknowledged that separate connection fees are payable to Irish Water but that the sum of those connection fees and the contributions proposed in the Draft Scheme for roads, surface water and social amenity infrastructure are equal to or less than the development contributions in the current Meath County Development Contribution Scheme 2010 - 2015.

5. The Draft Scheme provides that new sporting facilities provided by commercial entities which require a large footprint shall avail of a contribution rate equivalent to warehousing. This contribution is distinct from sporting facilities provided by voluntary groups which will continue to avail of an exemption from the requirement to pay development contributions.

6. The allocation of receipts from the Draft Scheme to surface water drainage has been benchmarked against specific flood relief projects being Northlands and Flood Relief in Ashbourne. Both schemes are primarily residential in nature. It is deemed prudent to allocate a higher percentage of receipts to flooding in residential areas than in non residential developments given their vulnerability.

7. The requirement to pay commercial rates is a statutory obligation under separate legislation. The Council acknowledges that the commercial sector pays rates for the life of the structure as well as development contributions at construction stage. This requirement is no different from the requirement for a residential development to pay development contributions at construction stage and Local Property Tax thereafter. The Council has no discretion in applying the various charges which are mandated by statute.

8. The statutory provisions of Section 48(3)c of the Planning and Development Act are cited in the Draft Scheme as they provide the context and statutory power to offer exemptions or reduced contributions for many different categories of development. Those categories are outlined in Sections 7.1.1, 7.1.2, 7.1.3, 7.1.4 and 7.1.5 of the Draft Scheme. For completeness Section 48(3)c of the Act ’..... allows for a reduction in contributions or no contribution in certain circumstances ......’. Section 7.1 of the Draft Scheme goes on to state “For the purposes of this Scheme where the Planning Authority requires a developer, at their own expense, to provide significant infrastructure within the development in excess of the needs of the development, the Planning Authority may provide for the payment of a reduced contribution or no contribution as the particular circumstances may dictate.” Section 8(d) of the Draft Scheme goes on to clarify how such an arrangement can be facilitated. It states “Consideration may be given to the provision of specific infrastructural


works and facilities by a developer. In that instance the developer shall pay the development contributions conditioned in full and where such infrastructure is permanent, the Planning Authority shall where justifiable and appropriate, give due consideration to reimbursing the developer in accordance with an agreed valuation for the works undertaken.”

These sections are not designed to provide for arbitrary arrangements or discretion to negotiate the development contributions payable by a developer but to provide a clear mechanism to address a limited number of circumstances where the developer is conditioned to construct additional infrastructure above the immediate requirements of the proposed development. This facility has been retained from existing Schemes where it was most commonly used where a developer was required to provide additional water or sewage treatment capacity. Such arrangement will no longer apply to Development Contribution Schemes following the creation of Irish Water. This facility will generally not apply to distributor roads which are identified as objectives of land use plans which are clearly meant to be development driven.

9. The agriculture sector is a significant contributor to the economic base of the county. Historic exemptions for environmental protection measures first introduced in the Development Contribution Scheme 2004 - 2009 have been retained in the Draft Scheme. The reason for these exemptions was to ensure that development contributions do not negate the receipt of grant aid to improve environmental protection measures on farms. The Draft Scheme provides that all farm structures used for the seasonal housing of livestock such as cattle, sheep horses etc. are exempt from development contributions. Waste facilities such as lagoons and storage tanks are similarly exempt. The Draft Scheme differentiates between these type of seasonal facilities and intensive all year round poultry and pig production units. That said the Draft Scheme identifies that such intensive commercial units should be able to avail of exemptions for expansions and extensions to existing facilities similar to the main stream commercial sector and such reduced development contributions are provided, for the first time, under Section 7.1.5 of the Draft Scheme.

10.The scope of the projects included in the Draft Scheme has been informed by land use plan objectives and the Council’s Capital Building Programme for the next five years. As detailed elsewhere in this Report, the project list represents the best estimation of the projects the Council has prioritised for construction over the next six years. The Council recognises that some of the projects may not advance because of delays in securing matching funding, planning, statutory consents and land ownership issues etc. In such circumstances and where funding exists, alternative projects can be proposed while staying within the overall framework.


No change.

Submission no. 1007: Joseph Jones


Mr. Jones suggests that the “Construction and operation of recycling centres, directly or by sub contract, by part or full funding“ be included as qualifying public infrastructure in the Draft Scheme and states that voluntary bodies are sometimes able to obtain part funding for community type facilities.



Contribution Schemes can require payment towards the provision of certain types of infrastructure. Proceeds from such Schemes cannot be applied to ongoing or operational costs. Recycling centres are not specifically provided for in the statutory classes of qualifying public infrastructure however, an argument could be made that they are “community facilities”. Meath County Council has not specifically included recycling centres in its list of qualifying projects but, accepts that recycling centres can be considered as qualifying infrastructure and funded or part funded subject to their substitution for other projects that may not proceed on the basis of matching funding or statutory consents.


The Chief Executive accepts that recycling centres come within the meaning of “community facilities“ and will amend the Draft Scheme to reflect this.

Submission no. 1008: William Brennan


Mr. Brennan calls for more parks, walkways and cycleways to be provided in Ashbourne, together with improved connectivity between Killegland Street and Frederick Street. Mr. Brennan also suggests that a new town square should be provided together with improved broadband connectivity. He also calls for the central shopping streets to be covered with a retractable roof. The merit of hosting a market in the town at regular intervals is also proposed as is the creation of a research and science hub close to the Pillo Hotel. Mr. Brennan also calls for a park and ride facility in the retail park in Ashbourne and for the creation of a greenway in the south Meath area.


The Draft Scheme is grounded with reference to objectives in various land use plans and the Council’s Capital Building Programme for the next five years. The range of projects included in the Draft Scheme includes works to amenities and parks in Ashbourne. While it is recognised that an observer may propose specific pieces of infrastructure for inclusion in the Council’s works programme many of the infrastructural projects and facilities proposed in this instance might be more appropriately considered in the review of the Ashbourne LAP and the review of the Meath County Development Plan 2013 - 2019. The Council is currently considering its approach to the facilitation of broadband services generally and will work with the Department of Communications, Energy and Natural Resources and the various licence holders in the roll out of those services.


No change.

Submission no. 1009: The Construction Industry Federation


1. The CIF asks the Council to recognise that Local Property Taxes also fund infrastructural provision and that projects funded by development contributions should be highlighted by means of appropriate signage.


2. The Construction Industry Federation (CIF) requests that the Council recognise that many developments are not economically viable and that the retention of development contributions at current levels for residential development is an impediment to the recommencement of activity in this area. It calls for a further reduction in the level of development contributions to be retained by the Local Authority sector so that the contribution, together with fees payable to Irish Water would not exceed €8,000.

3. It is also suggested that consideration be given to applying a flexible approach to determining the quantum of contributions to be applied to specific developments and to the collection of development contributions. This arrangement is sought with a view to balancing the deficit where construction costs do not equate to realisable prices in the current depressed market.

4. A call is also made to discount the benefit to future population in arriving at a rate applicable to current development and that only projects with a realistic expectation of commencement or completion during the life of the Draft Scheme should be used in calculating current development contribution rates.

5. The CIF also calls for a mechanism to be brought forward whereby development contributions paid in advance for development that does not subsequently proceed should be refunded or credited to other developments by that person / company.

6. Local Authorities are requested to publish annual reports on projects funded from development contributions.

In summary, the CIF calls for the assistance of Local Authorities in significantly reducing the level of fixed charges such as development contributions so that house building can return to profitability.


1. The Draft Scheme has been framed in the context of the establishment of Irish Water and the introduction of the Local Property Tax (LPT). Local Authorities are charged with facilitating the growth of the county and must also provide a funding stream to facilitate major infrastructural provision. It should be noted that receipts from LPT are used for revenue budgets together with limited capital allocations to housing which is not included in the Draft Scheme.

2. The Council recognises the part all stakeholders in the construction sector must play in revitalising the house building sector. In that regard the Council has weighed the benefits of reducing contributions against the core objectives of the Draft Scheme to encourage economic activity and to improve the social amenity infrastructure and transportation linkages in the county.

3. The Planning Authority offers developers flexible arrangements including a 10% discount for payment of development contributions for each phase on commencement of development. The Council recognises the cash flow constraints in the market place and has facilitated payment on sale of individual units. This facility will continue to be available and the Planning Authority will apply the reductions in contributions provided for in recently commenced Urban Regeneration & Housing Act, 2015 where appropriate. However, it would be inappropriate for the Council to deviate from the terms of the Draft Scheme based on the financial viability of individual sites.


4. There is no element of ‘double charging’ proposed in the Draft Scheme which has been prepared in compliance with the statutory requisites and Departmental guidance. In that regard the gross cost of projects included in the Draft Scheme have been discounted by 92% in recognition of the benefit to existing development of new infrastructure. The core principle of each Development Contribution Scheme is to apportion the pro rata cost of new development in line with the increase in population of the county.

5. The Schedule of Projects included in the Draft Scheme is representative of the objectives set out in the Meath County Development Plan 2013 – 2019 and supporting Local Area Plans. It is also specifically grounded in the Capital Building Programme for the period 2015 - 2019.

6. Meath County Council prepares Annual Reports which include detail on the delivery of infrastructure projects. In tandem the Annual Budget process includes reference to the application of development contributions to completed and proposed infrastructural projects. The Draft Scheme also includes a provision whereby the Draft Scheme shall be the subject of a mid-term review in 2018. It is submitted that adequate reporting mechanisms are already in place and that mid-term reviews are more likely to reflect the delivery of projects which take a number of years to complete.


No change.

Submission no. 1010: Ciaran Donnelly on behalf of Killegland AFC


Mr. Donnelly calls for the provision of lands for Killegland AFC within the Ashbourne area.


The identification of lands for amenity / recreational purposes is more appropriately dealt with within the review of the Ashbourne Local Area Plan which is due for review in 2016. While the Draft Scheme may provide for the purchase of lands such powers are limited to the land required for public infrastructure rather than the individual needs of sporting clubs.


No change.

Submission no. 1011: Brock McClure on behalf of Musgrave Retail Partners Ireland


Brock McClure declares its support for the reduction in development contributions for the commercial sector and also notes and supports the reductions for residential development.

Brock McClure also note that the Section 49 Supplementary Development Contribution Scheme for the Clonsilla to Dunboyne Railway Line is nearly 10 years old and calls for the engagement of Meath


County Council with neighbouring authorities and statutory providers to review that Supplementary Development Contribution Scheme.


The Draft Scheme is limited to revision of the Section 48 General Development Contribution Scheme and does not extend to Section 49 Supplementary Development Contribution Schemes. The Council is due to review the Dunboyne-Pace-Clonee Local Area Plan in 2016 and will examine the impacts the Section 49 Supplementary Development Contribution Scheme Navan to Dublin Railway Line – Phase 1 - Clonsilla to Dunboyne (Pace) has for the development of the area at that time. The observer is quite right in citing the need to consult with other stakeholders and any future consultation on the Section 49 Supplementary Development Contribution Scheme can be informed by development objectives for the area.


No change.

Submission no. 1012: New Generation Homes Ltd.


1. New Generation Homes Ltd. welcomes the inclusion of flexibility within the Draft Scheme to provide for reduced or no contribution in certain circumstances most notably where the developer provides additional infrastructure over and above the immediate needs of the development. It is suggested that planning conditions allow for the phasing of such infrastructural provision and payment of contributions for such arrangements.

2. New Generation Homes Ltd. calls for the reduction in development contributions applicable to development of Derelict Sites or within Architectural Conservation Areas to be extended to residential developments.

3. It is also suggested that the Council brings forward further reductions in development contributions for the residential sector to incentivise the release of housing at this time. Incentives are required in order to bring extant permissions forward for development.

4. Finally New Generation Homes Ltd. recommends that Forward Planning costs be excluded from the list of projects eligible for funding under the Draft Scheme.


1. The provisions of Section 48(3)c of the Act in so far as they are translated into the Draft Scheme have been dealt with in respect to submission 1006 above. In the interests of clarity Section 7.1 of the Draft Scheme is not drafted to provide for a simple offset of contributions where a developer provides roads, open spaces or surface water infrastructure as part of their development. This facility is applicable in exceptional cases where the developer is conditioned by the Planning Authority to provide additional infrastructure over the immediate needs of the development.

Flexible arrangements for the payment of development contributions are already available to developers and it is not envisaged that any further incentives will be provided under this Draft Scheme.


2. The Chief Executive accepts that the reduction in contributions for development of Derelict Sites and Architectural Conservation Areas should also be available to the residential sector.

3. The Draft Scheme has been prepared to balance the development contribution rates applicable to residential and non residential sectors. In that regard, the Council has consciously focussed its reductions on the non residential sector to encourage job creation and enterprise. It has also offered limited but real reductions to the residential sector. It is acknowledged that some 10,998 existing permissions were live and available for implementation in 2011. The Council has examined the level of those permissions which availed of the Extension of Duration of permission facility and notes that the vast majority of such permissions are still live. The Council has proposed reviewing the Draft Scheme in light of the extent of household delivery in 2018 when all those extant permissions will have either been built out or expired. The Meath County Development Plan 2013 – 2019 provides that the life of any multiple house permission shall not be extended beyond the 17th December, 2018. It is submitted that this is a prudent and reasonable approach.

4. The Planning and Development Acts provide a list of the types of qualifying public infrastructure which may be used to inform the preparation of a Draft Development Contribution Scheme. Section 48 (17)h of the Act provides that “any matters ancillary to paragraphs (a) to (g)” may be included in the Draft Scheme. Meath County Council has consistently retained the view that the consultancy costs of land use plan preparation are eligible as those plans and objectives inform infrastructural provision and without which the Local Authority could not propose the suite of infrastructural projects included in this Draft Scheme.


Extend the discounts available for Derelict Sites and Architectural Conservation Areas for non-residential develoopment to residential development.

Submission no. 1013: Sean Carney


Mr. Carney notes that the flattening of categories and simplification of the development contributions payable under the Draft Scheme has resulted in an anomaly whereby a developer proposing to develop a 150sq metre house in a rural area will result in an increase in development contributions of €3,109 from the charges they would expect to pay under the current Meath County Development Contribution Scheme 2010 - 2015.


It is acknowledged that Mr. Carney has identified an anomaly in the proposed Schedule of Charges for residential development. This has occurred as a result in the inclusion of a single schedule of charges for residential development post the creation of Irish Water. In the current and previous iterations of the Development Contribution Scheme the Council had to include different charges for rural un-serviced sites, rural serviced sites and urban serviced sites. The Draft Scheme does not provide for water services infrastructure and consequently there is no need to differentiate between serviced and un-serviced lands in the Schedule of Charges proposed.

It is noted that where a developer proposed to build a 150 sq meter dwelling the increased cost over that currently charged is €3,109. However, if the developer was to build a dwelling 1 square meter


larger at 151 square metres, then the rates included in the Draft Scheme would result in a saving of €1,282 over those currently applicable.

It is submitted that the Draft Scheme simply redresses the significant savings available to rural dwellings below 150 square meters in un-serviced sites that is currently available in the Meath County Development Contribution Scheme 2010-2015.


No change.

Submission no. 1014: Ashbourne Playspace Network


The Ashbourne Playspace Network welcomes the inclusion of the Ashbourne Liner Park in the list of projects to be funded from proceeds of the Draft Scheme. They go on to cite the need for an additional large park of approximately 10 hectares and for the inclusion of same on the list of projects to be funded by the Draft Scheme. They also cite the developments standards set out in the Meath County Development Plan 2013 – 2019 and the apparent short fall in opens space provision in the town.


The Council welcomes the planned provision of opens space in Ashbourne in the form of the Linear Park and notes that a growing town like Ashbourne will continue to need adequate usable open space. The identification of lands for such a community resource is more appropriate to the Local Area Plan review process due to be undertaken in 2016. It is acknowledged that the provision of community infrastructure is reviewed on an ongoing basis and the projects included in the Draft Scheme can be revised subject to staying within the overall funding envelope. However, in the first instance projects to be included should be grounded in existing land use plans and the Council’s Capital Building Programme. The Council will keep the provision of additional open space in Ashbourne under review.


No change.

Submission no. 1015: Carol-Anne Seaye


Ms. Seaye calls for the delivery of additional amenity features by providing a pond within the amenity area of the town. It is proposed to use this pond to assist schools in making students aware of biodiversity and natural ecosystems.

Ms. Seaye also calls for the provision of additional roads to link the Ballybin Road and Millbourne areas to the GAA facilities and linear town park. The Council is also urged to provide allotments for many of the residents of apartments in the town and to provide additional drop off and traffic management capacity at St. Declan’s National School in Garden city. The need for a large community park is also cited.



The call for additional amenities in Ashbourne is a common thread through a number of submissions to the Draft Scheme. As stated earlier, the Council will examine the need for additional amenity and recreational space in Ashbourne in the context of Ashbourne Local Area Plan review which will be undertaken in 2016.


No change.

3. SummaryThe Members of Meath County Council should consider the Draft Scheme and the Chief Executive’s Report and Recommendations and make the Scheme unless it decides by resolution to vary or modify the Scheme otherwise than as recommended in the Chief Executive’s Report or otherwise decides not to make the Scheme.


4. Schedule of Amendments – Summary of Proposed Amendments and Modifications Recommended by the Chief Executive.

Proposed Amendment No. 1

Insert at Section 6 Basis for the Determination of the Development Contributions (at the end of the second paragraph)

“Meath County Council has prepared the Meath Economic Development Strategy 2014 - 2022 to inform the economic development of the County. This Development Contribution Scheme supports the economic development of County Meath by including specific incentives to support business start up and expansion. The change of use of existing structures and the expansion of existing business no longer attract development contributions.”


Insert at Appendix C: Additional Information Remove “Meath County Council may at its discretion require that a developer provide an art piece to be located on or in the environs of the development site. This requirement shall apply to; (i) Residential developments in excess of 75 dwellings.(ii) Non residential developments in excess of 10,000m2.” And replace with“Meath County Council may at its discretion require that a developer provide an art piece or other local amenity feature approved by the Planning Authority to be located on or in the environs of the development site. This requirement shall apply to; (i) Residential developments in excess of 75 dwellings.(ii) Non residential developments in excess of 10,000m2.”


Insert at Section 7 Schedule of Charges – Meath County Council – effective from 1st January, 2016Remove “

Wind Turbine (non residential) 7 Per turbine €10,000

And replace withRenewable Energy Initiatives (export to the Grid) 7 Per mega watt €1,000 / 0.1 mw

Insert at Section 7 Schedule of Charges – Meath County Council – effective from 1 st January, 2016 under Note 7Remove “ 7 Applies to turbines which produce electricity for export to the national or international grids. Turbines used for domestic or on-site consumption of power shall be exempt.” and replace with “ 7 Applies to renewable energy initiatives which produce electricity for export to the national or international grids. Renewable energy initiatives used for domestic or on-site consumption of power shall be exempt. Where permission is sought for primary use for on-site consumption with the excess exported to the national grid, the first 0.5 mw shall be exempt from development contributions and any additional output charged at the rate for 0.1 mw thereafter (i.e. €1,000) ”


Insert at Appendix B: Breakdown of Development Contributions Effective from 1st January, 2016 under Note 2Remove “Development contributions on telecommunications masts, electricity pylons and wind turbines will be allocated 100% to Class 3 - Social Infrastructure.” and replace with “Development contributions on telecommunications masts, electricity pylons and renewable energy initiatives will be allocated 100% to Class 3 - Social Infrastructure.”


Insert at Appendix A: Range of Projects with may be funded from Development Contributions underClass 3 - Social InfrastructureRemove “Community facilities” and replace with “Community facilities (including recycling centres)”


Insert at 7.1 Exemptions and Reduced Contributions under Section 7.1.2 Residential Development

“Derelict sites/sites in need of regeneration with Derelict Site Notices having being served (up to a maximum of 2 notices being served) - 50% reduction shall apply.

Rural Areas/Outside Plan Boundaries - Derelict sites and sites in need of regeneration at the discretion of Planning Authority - 25% reduction shall apply.

Developments in Architectural Conservation Areas as identified in the relevant Development Plan or Local Area Plan - 25% reduction shall apply.”

Michael GriffinSenior Executive OfficerPlanning


Appendix 1 – Submissions Received on the Draft DCS 2016-2021

Number Name

1001 Planning Section , Meath County Council

1002 Paddy Donnelly

1003 Department of the Environment, Community & Local Government

1004 Cllr. Sean Smith

1005 Cllr. Damien O’Reilly

1006 Thomas Keenan

1007 Joseph Jones

1008 William Brennan

1009 Construction Industry Federation

1010 Ciaran Donnelly on behalf of Killegland AFC

1011 Brock McClure on behalf of Musgrave Retail Partners Ireland

1012 New Generation Homes Ltd.

1013 Sean Carney

1014 Ashbourne Playspace Network

1015 Carol-Anne Seaye


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