Development Contribution Scheme

DEVELOPMENT CONTRIBUTION SCHEME

2011 – 2018

The September 2011 Scheme

Naas Town Council

TABLE OF CONTENTS

Page No

1. Foreword … … … 3

2. Introduction … … … 3

3. Background … … … 4

4. Current Development Contributions … … 4

5. Public Infrastructure and Facilities Funded … 5

6. Projects funded from 2004 Development Contribution Scheme 6

7. Projected Rate of Construction … 7

8. Methodology for Determining Development Contributions 8

9. Classes of Public Infrastructure & Facilities … 8

10. Apportionment of Contributions … … 10

11. Level of Contributions … … 10

12. Change of Use/Modifications/Retention … 13

13. Indexation … … … 13

14. Appealing Development Contributions … 14

15. Special Development Contributions … … 15

16. Supplementary Development Contribution Scheme … 15

17. General arrangements re Payment of Development Contributions 15

18. Exemptions and reductions … … 16

19. Adoption of Scheme … … 19

Appendix I Capital Programmes 2011-2013

Naas Town Council

DEVELOPMENT CONTRIBUTION SCHEME 2011 - 2018

1. Foreword

The Naas Town Council 2004 Development Contributions Scheme and the Scheme adopted 15th February 2011 have yielded €12,133,911.94 during the period March 2004 and 23rd May 2011. The contributions were collected on foot of substantial development throughout the town of Naas allowing the Town Council to fund extensive infrastructure which otherwise, would not be provided. In addition, the funding collected has, to an extent, allowed the Town Council to start to address infrastructure deficits and make advance provision for proposed development in the town.

This proposed Development Contributions Scheme is designed to continue the process set out above. This strategy is proposed in order to maintain the town’s competitiveness as an employment location. The contributions collected will part fund the Town Councils Capital Budget and will also provide matching funding for those projects partly funded by central Government.

In particular, given the increased population and consequential demand for services and infrastructure, the proposed Development Contributions Scheme is designed to make an appropriate response to those demands and allow for the continued development of the town.

2. Introduction

Section 48 of the Planning & Development Act 2000, enables Planning Authorities, when granting a permission under Section 34 of the Act, to include conditions requiring the payment of a contribution in respect of public infrastructure and facilities benefiting development in the area of the Planning Authority, and that is provided, or that it is intended will be provided, by or on behalf of a local authority. The public infrastructure and facilities identified in the Capital Programme 2011-2018 are considered to be those projects that can be progressed with the estimated funding from the Development Contribution Scheme.

This scheme, when adopted, will come into effect on the date of adoption and will remain in force until a new scheme is adopted or upon expiration of the Development Contribution Scheme in 2018. The revised contributions will be applied to all decisions issued after the date of adoption. This scheme shall be known as “The September 2011 Scheme”

3. Background

The current Development Contribution Scheme was adopted by Naas Town Council in February 2011 (the 2011 Scheme). Section 48 of the Planning and Development Act 2000-2010 enables the local authority to make a Development Contribution Scheme in order to fund the provision of public infrastructure and facilities that benefit the development of the town.

The 2004 and 2011 schemes made provision for this review. The review considers: -

· additional infrastructure not included in the 2004 and 2011 Scheme

· additional costs, which have arisen since adoption of the 2004 and 2011 Scheme

· an appropriate funding mechanism that will ensure a continuation of the provision of public infrastructure and facilities.

This review has taken cognisance of the recommendations of the Interdepartmental Committee on Development Contribution Schemes published on the 8 May 2007.

The contribution scheme, when adopted, will part fund the projects identified in the Capital Programmes 2011-2013 for the local authority including schemes prioritised under approved Capital Programmes for 2014-2018 (Appendix I). Progress on and delivery of these projects is also dependent on the continued availability of adequate funding from Exchequer/EU sources, together with Development Contributions and the local authority revenue.

During implementation of the 2004 and 2011 Schemes a number of anomalies arose and this review has afforded an opportunity to address these areas.

4. Current Development Contributions

The 2004 and 2011 Schemes identified the following contribution rates -

Kildare County Council
Commercial €75.00 per sq.m.

Residential 0-92 sq.m €11,000.00 per unit

93-139 sq.m. €12,000.00 per unit

140-185 sq.m. €14,000.00 per unit

180+ sq.m. €18,000.00 per unit

Car Parking

Leixlip, Maynooth, Celbridge, Kilcock,

Clane, Sallins, Straffan, Kill, Naas €6,000.00 per space shortfall

All other towns/settlements €4,500.00 per space shortfall

Naas Town Council

Commercial €75.00 per sq.m.

Residential 0-92 sq.m €10,000.00 per unit

93-139 sq.m. €12,000.00 per unit

140-185 sq.m. €14,000.00 per unit

186-232 sqm €18,000.00 per unit

233+sqm €25,000.00 per unit

Car Parking shortfall in Naas €6,000.00

Athy Town Council

Rates payable will be 50% of those listed hereunder.

Commercial €75.00 per sq.m.

Residential 0-92 sq.m €11,000.00 per unit

93-139 sq.m. €12,000.00 per unit

140-185 sq.m. €14,000.00 per unit

180+ sq.m. €18,000.00 per unit

Car Parking

Car Parking shortfall in Athy €4,500.00 per space

5. Public Infrastructure and Facilities Funded

The annual receipts arising from the 2004 and 2011 Schemes were as follows

Year / Kildare County Council / Naas Town Council / Athy Town Council
2004 / €3,855,701.55 / €1,371,577.05 / €5,508.75
2005 / €11,261,986.05 / €1,422,556.05 / €21,001.76
2006 / €33,958,445.03 / €1,895,400.10 / €561,367.91
2007 / €26,939,774.10 / €2,838,056.93 / €366,367.97
2008 / €17,985,912.27 / €2,212,554.99 / €241,737.52
2009 / €8,450,025.25 / €622,529.51 / €78,308.26
2010 / €10,361,191.86 / €287,291.59 / €56,901.50

The above trend in receipts can be accounted for by

· development contributions arising from developments commencing in the earlier years being related principally to the pre 2004 Scheme.

· varying level of construction activity since adoption of the schemes.

6. Projects funded from the 2004 /2011 Schemes

Much work has been carried out in the refurbishment, upgrading, enlargement or replacement of roads, car parks, sewers, wastewater facilities, drains and water mains. Significant funding has also been expended in the provision of public playgrounds, enhancement of public libraries and youth facilities.

Kildare County Council

Significant projects funded through the 2004/2011 Schemes include:

River Barrow Abstraction Scheme €5,228,851.00

Wellfields-Rathangan/Monastevin/Johnstown €2,712,583.00

And Robertstown

Athy Electoral Area

Ballitore Hall € 101,094.00

Athy Pool € 996,510.00

Athy Relief Road €1,007,447.00

Castledermot Community Hall € 58,026.00

Celbridge Electoral Area

Straffan Village Enhancement €1,732,600.00

Barberstown Maynooth Improvement €6,107,751.00

Celbridge Cycle Track € 966,784.00

Celbridge Playground € 327,256.00

Clane Electoral Area

Kilcock Community Facility € 467,064.00

Clane Town Park Development € 600,000.00

Ballyna Regional Water Supply €1,500,000.00

R407 Clane Portglorian Road €2,018,062.00

Butterstream – Surface Water € 600,000.00

Bawnogues Development € 682,069.00

Clane Area Amenities €1,105,599.00

Kildare Electoral Area

Rickardstown Scheme €5,048,838.00

Monasterevin Improvements to Treatment Plant €4,587,370.00

Kildare Youth Community Facilities € 497,637.00

Kilare Community Facilities € 547,055.00

Newbridge Sports Centre €2,905,000.00

Kildare Town Sewerage €2,672,153.00

Leixlip Electoral Area

Bond Bridge €8,605,529.00

Maynooth Community Facility € 100,200.00

Leixlip Youth Community Facilities € 454,557.00

Maynooth New Car Park €1,301.300.00

Leixlip New Car Park €1,426,040.00

Meadowbrook/Lyreen Maynooth €2,270,000.00

Leixlip Amenity Centre € 354,082.00

Naas Electoral Area

Ballymore to Naas/Athy Pipeline €3,838,577.00

Osberstown Sewerage €2,217,130.00

Naas Community Environment Enrichment € 227,601.00

Naas Pool €2,000,000.00

Naas Ring Roads €1,329,437.00

Morell – Surface Water €1,278,525.00

Naas Town Council

Projects funded through the 2004/2011 Schemes include:

Naas Ring Road €3,718,112.00

Public Lighting Improvements € 43,328.00

Abstraction of Water from River Barrow €1,087,134.21

Osberstown WWTP €1,739,974.00

Naas Surface Water Drainage € 668,800.00

Swimming Pool € 433,230.00

Athy Town Council

A number of projects funded through the 2004/2011 Scheme include:

Athy Sewerage Scheme €100,000.00

Traffic Management Plan & South Distributor Road €372,069.00

Footpath and infrastructural improvements €120,000.00

Swimming Pool €635,000.00

7. Projected Rate of Construction

As the construction industry, particularly residential construction, has slowed considerably in the recent past, a number of economic forecasters have estimated that housing output will continue to decline. National Construction Indicators, prepared for the Department of the Environment, Heritage and Local Government (DEHLG), show a sharp downturn in the number of residential planning permissions. It is envisaged that this downturn will continue to have a negative impact on housing output in 2011 and beyond.

In the twelve months of 2010, Kildare County Council, Naas Town Council and Athy Town Council granted planning permission to a total of 677 residential units, a drop of 60% on the corresponding annual total in 2009. According to DKM Economic Consultants Review of the Construction Industry 2008 and Outlook 2009-2011, prepared for the DOEHLG, construction output volumes are forecast to decline by 52.5%, an average of 22% per year.

8. Methodology for Determining Development Contributions

The methodology for determination of a contribution under the Kildare County Council, Naas Town Council and Athy Town Council Development Contribution Schemes 2011-2018 is as follows:-

General

· having regard to programmes of capital infrastructure investment and development plan policies, the costs that are attributable to the different classes of public infrastructure and facilities were estimated.

· the estimated funding from sources, other than the Development Contributions Scheme, was deducted from the cost of the proposed infrastructure.

· the Planning Authorities have based their calculations on the assumption that projected residential construction activity for the period 2011-2018 will see construction granted figures for 2010 of 677 decrease by 25% per annum.

· non residential development will see a minimum 25% fall off year on year from that granted in 2010 for the period 2011 – 2018, an average floor area of 7,840 sqm constructed per annum.

· residential development will be an average of 225 units per annum constructed for the three year period 2011-2018.

Specific

· Contributions to compensate for shortfalls in open space and car parking provision reflect current land values, the costs of development of car parking and open space and the cost of refurbishment of car parking areas.

· General Roads Contributions in respect of quarries are calculated on the estimated cost of providing the roads infrastructure and facilities required countywide. Calculations are attributable to all quarry developments, including those registered under the Section 261 process.

· General contributions in respect of other classes of public facilities and infrastructure are also payable on quarry developments.

Pending the full introduction of the Water Pricing Policy, the commercial sector will be levied for water and wastewater at the rates listed herein.

9. Classes of Public Infrastructure and Facilities

Development contributions shall be paid in respect of the following classes of public infrastructure and facilities:

(1) Public Water Supply Services