Section 48 of the Planning and Development Acts 2000 to 2010 (hereafter referred to as “the Act”) enables the Planning Authority when granting planning permission under Section 34 of the Act, to include conditions requiring the payment of a financial 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 the Local Authority, regardless of other sources of funding for the infrastructure and facilities.
Subsection (3) of Section 48 specifies that a scheme shall;
- set out the basis for the determination of a contribution
- make provision for payment of different contributions in respect of different classes or descriptions of development
- indicate the contribution to be paid in respect of the different classes of public infrastructure and facilities which are provided, or to be provided by the local authority having regard to the actual estimated cost of providing the classes of public infrastructure and facilities, except that any benefit which accrues in respect of existing development may not be included in any such determination.
- May allow for the payment of a reduced contribution or no contribution in certain circumstances, in accordance with the provision of the scheme.