Written Answers Nos. 253-275
253. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport to confirm which body will have ultimate decision-making authority to determine what constitutes "mal-information" under the National Counter Disinformation Strategy, and whether that body will be Government-led, quasi-independent or fully independent. [49472/25]
Amharc ar fhreagra256. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport to specify whether "mal-information," as defined in the National Counter Disinformation Strategy, includes factually accurate reporting which is politically embarrassing to the Government, its Ministers or State-funded agencies.; and if he will make a statement on the matter. [49475/25]
Amharc ar fhreagra257. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport whether ordinary citizens, whistleblowers or journalists could face sanctions under the strategy for sharing true information that is deemed harmful; and the protections in place for press freedom and public interest reporting. [49476/25]
Amharc ar fhreagra258. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport to clarify how "harm" will be defined when assessing "mal-information," and who will have authority to make that assessment. [49477/25]
Amharc ar fhreagra261. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport if he accepts that giving the State- or State-funded bodies the power to decide what is "trusted" information risks creating a chilling effect on democratic debate and public scrutiny of Government actions. [49481/25]
Amharc ar fhreagraI propose to take Question Nos 253, 256, 257, 258 and 261 together.
The National Counter Disinformation Strategy, published in April 2025, uses the European Democracy Action Plan definition of disinformation: “false or misleading content that is spread with an intention to deceive or secure economic or political gain and which may cause public harm". The Strategy sets out that disinformation does not include misleading advertising, reporting errors, satire and parody, or clearly identified partisan news and commentary.
The Strategy aims to coordinate a range of existing tools and regulatory approaches in the fight against disinformation, including supporting media literacy and promoting high quality journalism to help people make their own decisions about what is or isn’t true.
A well-informed citizenry cannot exist without freedom of the press. Ireland has a robust legislative and policy framework in place to ensure press and media freedom. The freedom of the press is enshrined in Article 40.6 of our Constitution and Article 11 of the EU’s Charter of Fundamental Rights, and the independence of our public service media from Government is clearly set out in legislation.
The existing regulatory framework in Ireland will be strengthened by the European Media Freedom Act (EMFA), which aims to protect media freedom and pluralism across the EU. EMFA will be implemented in Ireland primarily through the Media (Regulation) Bill, and will add a further layer of protection for media plurality and diversity in the State.
The Strategy aims to support the building of public knowledge, build resilience to disinformation, support the effective implementation of existing legislation and regulations, identify and coordinate efforts to counter disinformation across a range of policy areas and bring together a broad range of disinformation counter measures to ensure cross-sector coordinationand cooperation. As set out in the Strategy, legislative and regulatory measures to combat disinformation must respect individuals’ right to privacy and data protection, freedom of expression and access to information rights while online platforms must continually assess, identify and mitigate systemic risks to prevent the amplification of disinformation online.
A key tenet of countering disinformation and misinformation is supporting news coverage and public interest journalism that is trustworthy, accessible and objective. Importantly, the Strategy aims to connect existing stakeholders across multiple sectors, facilitating enhanced cooperation and collaboration in our efforts to counter disinformation, in a way that upholds the principles of the strategy which includes protecting freedom of expression.
It should be noted that the term malinformation is not used in the Strategy. The EU Disinformation Laboratory defines the term as information that is based on reality but which is used to harm or threaten a person, an organisation, or a country. Terms such as disinformation, misinformation and malinformation are sometimes used synonymously.
254. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport how "independence" will be defined in respect of the oversight body enforcing the National Counter Disinformation Strategy, and the safeguards will exist to prevent conflicts of interest where such bodies are reliant on State funding. [49473/25]
Amharc ar fhreagra259. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport to detail the financial supports promised to "traditional media" as part of the National Counter Disinformation Strategy, and whether this amounts to State subsidies for preferred media outlets while disadvantaging independent or online competitors. [49478/25]
Amharc ar fhreagra260. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport whether the National Counter Disinformation Strategy will apply equally to politicians, Government Departments and State-funded NGOs in cases where they disseminate misleading or selective information, and the penalties they can face. [49480/25]
Amharc ar fhreagraI propose to take Question Nos 254, 259, 260 together.
The Working Group that developed the National Counter Disinformation Strategy was independently chaired and comprised Government Departments, non-governmental organisations, industry representatives and academics.
In terms of monitoring the implementation of the strategy, my Department leads a steering committee comprised of this Department, the Department of An Taoiseach, the Department of Foreign Affairs, the Department of Education, the Department of Children, Disability and Equality, European Digital Media Observatory (EDMO) Ireland, Media Literacy Ireland and the Office of the Press Ombudsman. This membership therefore primarily reflects organisations that have been charged with delivering actions set out in the strategy and provides a balance between government departments and non-government organisations. The steering committee will be supported by a broader coordination group.
The strategy is not about deciding on individual instances of disinformation. Instead it aims to support the building of public knowledge, build resilience to disinformation, support the effective implementation of existing legislation and regulations, identify and coordinate efforts to counter disinformation across a range of policy areas and bring together a broad range of disinformation counter measures to ensure cross-sector coordination and cooperation.
In terms of legislation and regulation, the strategy states that such measures must respect individuals’ right to privacy and data protection, freedom of expression and access to information rights while online platforms must continually assess, identify and mitigate systemic risks to prevent the amplification of disinformation online.
The Programme for Government recognises and acknowledges the importance of our independent media in the provision of objective, high-quality and trustworthy news coverage.
In order to help both sustain the delivery of trusted information to the public and to promote media plurality in the sector, a number of funding schemes have been put in place and further schemes are due to be launched before year-end.
These schemes are operated by the independent media regulator Coimisiún na Meán and administered on a platform-neutral basis, meaning they are open to applications from media organisations regardless of platform, whether that is print, radio or online-only. The Programme for Government also commits to funding the implementation of the strategy and the Department is developing proposals for this, including for media literacy, as part of the Estimates process, subject to the availability of resources. Any such proposals will be assessed by the Department of Public Expenditure and Reform in line with the yearly estimates process.
My Department and Coimisiún na Meán will continue to work closely together to ensure that necessary supports are available for our media sector, who play an invaluable role in community engagement, cohesion and the promotion of social inclusion across the country and who provide a crucial public service in the delivery of trusted information to our citizens.
255. Deputy Ken O'Flynn asked the Minister for Culture, Communications and Sport how he reconciles the decision to proceed with the National Counter Disinformation Strategy given that 83% of respondents to the public consultation opposed the measure; and whether he considers that proceeding regardless undermines democratic legitimacy. [49474/25]
Amharc ar fhreagraThe National Counter Disinformation Working Group was established in response to a Recommendation of the Future of Media Commission report, which called for the development of a National Counter Disinformation Strategy to help address the harmful effects of disinformation. The Working Group arranged a public consultation to help inform its work and get the views of people in Ireland. This was in line with the recommendation of the Commission.
The written public consultation on the development of the Strategy was conducted from 25 September to 20 October 2023 and 470 submissions were received. As set out in the review of the consultation published in November 2023 the key themes that emerged included whether the strategy or regulation was required, concerns about censorship and freedom of expression, the importance of media literacy and critical thinking skills, the need to enforce existing regulation to tackle disinformation, trust in public service media, and the importance of media plurality.
The feedback received during the public consultation helped to shape the final strategy document. The 9 commitments and 36 actions in the Strategy aim to counter the problem of disinformation and thus support democratic legitimacy. The Strategy aims to connect existing stakeholders across multiple sectors, facilitating enhanced cooperation and collaboration in efforts to counter disinformation and support information integrity, which is a crucial part of a healthy democracy.
262. Deputy Joanna Byrne asked the Minister for Culture, Communications and Sport the estimated first- and full-year cost of abolishing the television licence and funding public service media from the central Exchequer, in line with the Report of the Future of Media Commission published in 2022; and if he will make a statement on the matter. [49485/25]
Amharc ar fhreagraAs has been stated before, there are no plans to abolish the TV licence.
As set out in the Revised Estimates 2025, funding for public service media providers in Ireland (RTÉ and TG4) will be €285m, €225m for RTÉ and €60m for TG4. TG4 is entirely funded by the Exchequer and RTÉ is funded from a combination of TV fee receipts and the Exchequer.
TV licence revenue comprises receipts from direct sales by An Post and an Exchequer contribution from the Department of Social Protection in respect of free licences awarded to recipients of the Household Benefits Package. TV licence revenues are distributed in accordance with the Broadcasting Act 2009, with 7% of net receipts allocated to the Broadcasting Fund, 93% of net receipts allocated to RTÉ, and a payment to An Post in respect of collection and compliance costs.
The quantity of TV licences issued in the period January-end July 2025 was 1.9% lower than the equivalent period in 2024. Should this 1.9% reduction apply for the full year 2025, licence fee income from direct sales will be €124.4m in a full year (net of the contribution received from the Department of Social Protection in respect of the Household Benefits Package). Accordingly, on a no-change scenario, the full-year cost of abolishing the television licence fee would be €124.4m.
As part of its decision last July on the funding of RTÉ and Public Service Media, Government decided that the TV licence system would be retained, while being underpinned by measures designed to improve collection and compliance in order to maximise revenue generation. To this end, Government reconvened the Interdepartmental Technical Working Group on the Reform and Enhancement of the Television Licence to examine potential enhancements to the television licence. I will give consideration to any recommendations arising from the Group once I receive its report.
263. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage the estimated cost to set up the residential property price register; the estimated costs on a monthly or annual basis to maintain the register; to outline the process of maintaining the register; and if he will make a statement on the matter. [49327/25]
Amharc ar fhreagraThe Residential Property Price Register is produced by the Property Services Regulatory Authority (PSRA) pursuant to section 86 of the Property Services (Regulation) Act 2011. It includes the Address, Date of Sale and Sale Price of residential properties purchased in Ireland since the 1st January 2010, as declared to the Revenue Commissioners for stamp duty purposes.
A Data Sharing Agreement is in place between the Revenue Commissioners and the PSRA. The Revenue Commissioners share the relevant data with the PSRA on a weekly basis. The Residential Property Price Register is subsequently updated with new or amended data. The process is entirely automated and costs to the PSRA are limited to the fixed annual IT Service Charges, payable to the Department of Justice, Home Affairs and Migration (DJHAM) for hosting and supporting the Property Price Register website.
Charges for hosting and maintenance are not itemised nor available.
The initial set up costs of the Residential Property Price Register were borne by DJHAM.
264. Deputy Ciarán Ahern asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 1239 of 8 September 2025, the reason a comprehensive review of the entire List of National Concern under the 2024 invasive alien species is required when the purpose of the new list is to give EU Member States the discretion to add species where scientific evidence demands it; the exact process that governs the addition of species to the national list under the 2024 regulations; if regulation 12 will be invoked to restrict the sale, distribution, and planting of cherry laurel in the interim; the grounds on which the cherry laurel has not yet been listed despite repeated recommendations from Ireland’s leading environmental and biodiversity bodies; and if he will make a statement on the matter. [49541/25]
Amharc ar fhreagraThe process of adding any species to the list of invasive alien species of national concern requires a risk assessment of that species to be undertaken to ensure that the scientific evidence demands its inclusion. Once this is completed, a Statutory Instrument to amend the First Schedule to the European Union (Invasive Alien Species) Regulations 2024 and the Third Schedule to the European Union (Birds and Natural Habitats) Regulations 2011.
This action would place the species on the list of invasive alien species of national concern and the provisions of Article 7 of the EU Invasive Alien Species Regulation would apply, making it an offence to place the species on the market.
Cherry Laurel is a large evergreen shrub which is native to south-eastern Europe and south-western Asia. The species was widely planted in woodlands and demesnes and has spread extensively. Recent ecological monitoring of Annex I woodland habitats in Ireland shows that Cherry Laurel is a very invasive shrub, particularly in our woodlands as it outcompetes native species and suppresses regeneration by forming tall, dense, dark thickets, which support little wildlife
I have recently instructed the National Parks and Wildlife Service of my Department to consider a suite of options for the control Cherry Laurel, including legislative solutions, informed by the appropriate risk assessment (a priori) . Cherry Laurel control will be an essential component of the National Restoration Plan, especially in relation to targets to be achieved under Article 12 of the nature restoration regulation.
265. Deputy Paul Nicholas Gogarty asked the Minister for Housing, Local Government and Heritage to list all sites currently being assessed as sites of community importance under Article 4 of the Habitats Directive; and if he will make a statement on the matter. [49318/25]
Amharc ar fhreagra266. Deputy Paul Nicholas Gogarty asked the Minister for Housing, Local Government and Heritage to list the sites of community importance that are likely to transition into special areas of conservation in the next two years; and if he will make a statement on the matter. [49319/25]
Amharc ar fhreagra267. Deputy Paul Nicholas Gogarty asked the Minister for Housing, Local Government and Heritage if new terrestrial and marine sites continue to be assessed as sites of community importance, or if the focus is solely on progressing current SCIs to SAC status; the rationale behind same; and if he will make a statement on the matter. [49320/25]
Amharc ar fhreagraI propose to take Questions Nos. 265, 266 and 267 together.
Under the European Union’s Habitats Directive, transposed into Irish law by the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477/2011), Ireland is required to designate Special Areas of Conservation (SACs) for the protection of endangered habitats and species as listed in the Directive. These sites are notified to the European Commission who adopt them as Sites of Community Importance. Together with Special Protected Areas (SPAs) for Birds, these form the network of Natura 2000 sites. There are more than six hundred such sites in Ireland.
In terms of planned designations, scientific staff within the National Parks and Wildlife Service (NPWS) identify and evaluate candidate sites before designation. Most recently, two large off shore marine sites - Porcupine Shelf cSAC 2267 and the Southern Canyons cSAC 2278 – added more than three million hectares to the network of Special Areas of Conservation, and raised the percentage nationally of our reef habitat that is protected within Natura 2000 from 10% to 24%. These two sites are currently candidate SACs, and subject to the completion of the statutory appeals process, will proceed to full SAC and SCI status in due course. The North West Irish Sea candidate SPA and the Seas off Wexford candidate SPA cover a combined area of more than 530,000 hectares and now protect more than 20 of our rarest and most threatened bird species. Similarly, these two candidate Special Protection Areas are working through the statutory process and subject to the outcome of that process will proceed to full SPA status.
Detailed information about all of the Natura 2000 sites in Ireland, including their locations, areas, and conservation interests may be found at the following link: www.npws.ie/protected-sites
268. Deputy Paul Nicholas Gogarty asked the Minister for Housing, Local Government and Heritage the steps that have been taken to date in response to the request for SAC designation of a site (details supplied); the timeframe for action if no steps have been taken, given that this is a simple site with only one landowner; and if he will make a statement on the matter. [49321/25]
Amharc ar fhreagra269. Deputy Paul Nicholas Gogarty asked the Minister for Housing, Local Government and Heritage if a site (details supplied) will be selected as a monitoring site for future reporting under Article 17 of the EU Habitats Directive; and if he will make a statement on the matter. [49322/25]
Amharc ar fhreagraI propose to take Questions Nos. 268 and 269 together.
The national monitoring network for Alluvial woodland was derived from the National Survey of Native Woodlands dataset, which is based on objective scientific grounds, using the criteria described in the report - O’Neill, F.H. & Barron, S.J. (2013) Results of monitoring survey of old sessile oak woods and alluvial forests. Irish Wildlife Manuals, No. 71. which is available at this link: www.npws.ie/sites/default/files/publications/pdf/IWM%2071%20Oak%20and%20alluvial%20woodlands%20monitoring.pdf
The Rathcoole woodland site was considered not to conform with the objective criteria for site selection at the time and was therefore not included in the site surveys that took place between 2003-2008. To maintain objectivity, sites are not added to the national monitoring network upon request.
The EU Habitats Directive (92/43/EEC)EU requires Member States to designate Special Areas of Conservation (SACs) to protect a variety of habitats and species. This Directive is transposed into Irish law by the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011).
The designation of SAC sites under the Directive is a formal, legal process, with a number of steps, which are set out in full in the European Communities (Birds and Natural Habitats) Regulations 2011.
270. Deputy Paul Nicholas Gogarty asked the Minister for Housing, Local Government and Heritage if a list of prospective sites for SCI designation is kept by the scientific unit of the National Parks and Wildlife Service; if this list will be made public with an indication of each habitats from the earliest entry date to the most recent entry, in the interests of transparency; and if he will make a statement on the matter. [49323/25]
Amharc ar fhreagraThe National Parks and Wildlife Service (NPWS) maintains databases and other resources holding ecological information on designated and non-designated areas. Such information has been compiled from various sources - surveys, publications, unpublished reports, herbaria and as notified to the NPWS, amongst others. Information on sites that may be proposed as Sites of Community Importance (SCIs) is drawn from a wide variety of sources and before selection as such would be subject to prior assessment under the strict criteria set out in Annex III of the EU Habitats Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora). There are no plans at this time to expand the number of such terrestrial sites.
271. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if every local authority has adopted and published an operational policy for the room for a student local authority tenancies scheme, which permits social housing tenants to let a room to a third-level student; the date this scheme commenced nationally; the guidance or circulars issued to local authorities; the number of applications received, approvals granted, refusals issued, the average processing time since commencement for each local authority including Cork City Council and Cork County Council; and if he will make a statement on the matter. [49334/25]
Amharc ar fhreagra272. Deputy Ken O'Flynn asked the Minister for Housing, Local Government and Heritage if income earned under the room for a student local authority tenancies scheme is treated as reckonable for local authority differential rent purposes; the standard approach that is required of local authorities in assessing such income; and if he will make a statement on the matter. [49336/25]
Amharc ar fhreagraI propose to take Questions Nos. 271 and 272 together.
The 'Room for a Student - Local Authority Tenancies Scheme' came into operation on 1 December 2023 and allows approved local authority tenants to rent out a room in their home to eligible third level students.
The Scheme is operated on an administrative basis by the local authorities, with detailed guidance and training provided to all local authorities, including that they publish the details of the scheme on their websites. Any additional income received by tenants under the scheme is reckonable for rent assessment purposes under the conditions of the Differential Rent Scheme that is in place in their local authority.
My Department monitored the scheme for a period of 12 months from December 2023 until December 2024, in order to establish the its take-up and impact. The average processing time for applications was not reported and such information together with more recent data on the take-up of the scheme can be obtained from individual local authorities.
Data on the uptake of the scheme for the period December 2023 to December 2024 may be found in the table attached.
Room for a Student – Local Authority Tenancies Scheme – Applications Dec 23- Dec 24
|
- |
Complete Applications |
Incomplete Applications |
Applications Refused |
Applications Approved |
|
Carlow County Council |
0 |
0 |
0 |
0 |
|
Cavan County County |
0 |
0 |
0 |
0 |
|
Clare County Council |
0 |
0 |
0 |
0 |
|
Cork City Council |
1 |
0 |
0 |
1 |
|
Cork County Council |
0 |
0 |
0 |
0 |
|
Donegal County Council |
1 |
0 |
0 |
1 |
|
Dublin City Council |
2 |
0 |
0 |
2 |
|
Dun Laoghaire/Rathdown |
0 |
0 |
0 |
0 |
|
Fingal County Council |
0 |
0 |
0 |
0 |
|
Galway City Council |
0 |
0 |
0 |
0 |
|
Galway County Council |
0 |
2 |
0 |
0 |
|
Kerry County Council |
0 |
0 |
0 |
0 |
|
Kildare County Council |
0 |
0 |
0 |
0 |
|
Kilkenny County Council |
0 |
0 |
0 |
0 |
|
Laois County Council |
0 |
0 |
0 |
0 |
|
Leitrim County Council |
0 |
0 |
0 |
0 |
|
*Limerick City and County |
3 |
1 |
1 |
2 |
|
Longford County Council |
0 |
0 |
0 |
0 |
|
Louth County Council |
0 |
0 |
0 |
0 |
|
Mayo County Council |
0 |
0 |
0 |
0 |
|
Meath County Council |
0 |
0 |
0 |
0 |
|
Monaghan County Council |
0 |
0 |
0 |
0 |
|
Offaly County Council |
0 |
0 |
0 |
0 |
|
Roscommon County Council |
0 |
0 |
0 |
0 |
|
Sligo County Council |
0 |
0 |
0 |
0 |
|
South Dublin County Council |
2 |
0 |
1 |
1 |
|
Tipperary County Council |
0 |
0 |
0 |
0 |
|
Waterford City and County |
0 |
0 |
0 |
0 |
|
Westmeath County Council |
0 |
0 |
0 |
0 |
|
Wexford County Council |
0 |
0 |
0 |
0 |
|
Wicklow County Council |
0 |
0 |
0 |
0 |
|
Total |
9 |
3 |
2 |
7 |
*1 application to Limerick CCC was withdrawn by the applicant Room for a Student – Local Authority Tenancies Scheme – Applications Dec 23- Dec 24
273. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage the protections a building contractor has under the defective concrete block grant scheme, if the homeowner has not paid them for certified and completed works, and then changes their building contractor at a point in the process. [49358/25]
Amharc ar fhreagraThe Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (the Act) was commenced on 22 June 2023 which contains the enhanced grant scheme and adopted the related Regulations on 29 June 2023.
Under the terms of the scheme, it is recommended that a homeowner engages a tax compliant building contractor to carry out the remediation works to the dwelling in accordance with the remedial works plan. Any payment dispute that may arise between a homeowner and a building contractor is a matter between these parties to resolve.
274. Deputy Michael Cahill asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 497 of 24 June 2025, for an update regarding the issue which continues to be causing problems for the boatmen, is most unsightly for the many tourists in the area; and if he will make a statement on the matter. [49360/25]
Amharc ar fhreagraI have been advised by the National Parks and Wildlife Service (NPWS), who are responsible for maintaining this site, that, as in previous years, an entrance/exit route was cleared in May 2025 when conditions allowed in order to provide access to boatmen.
This area is in an SAC and, as such, the findings of ongoing investigations are vital to the creation of a long term solution to this matter. This research must be completed and evaluated before a plan is put in place. The NPWS has confirmed that research works are currently ongoing, with scientific staff onsite conducting research during the past week.
The scientific analysis from this research will assist in identifying the most suitable method for silt/soil removal. It will also determine which compliant methodologies are available for the disposal/processing of the removed soil. Further, it should be noted that in order to meet the requirements of the Habitats Directive and the relevant regulations for works within an SAC, appropriate screening, permissions and licences will need to be obtained in order to progress works at the site.
275. Deputy Paula Butterly asked the Minister for Housing, Local Government and Heritage if he will consider introducing stronger requirements to ensure essential infrastructure, such as public lighting, footpaths, crèche facilities and community amenities, are completed before or during construction, prior to granting permissions to developers, in view of the 70 housing developments in County Louth still awaiting taking in charge by Louth County Council, many of which have no developer or bond, or remain incomplete despite bonds being in place. [49371/25]
Amharc ar fhreagraDevelopment contributions allow local authorities to recoup some of the public costs of servicing land for private development. They provide a mechanism by which developers can contribute to the cost of providing public infrastructure and facilities that benefit development in the area and are expended on public infrastructure defined under the Planning Acts. These include the provision of open spaces, recreational and community facilities, roads, sewers, waste-water and water treatment facilities, drains and water mains, public transport, schools, school sites, broadband and flood relief works.
The legal basis for development contributions are Section 48 and 49 of the Planning and Development Act 2000. Under section 48, planning authorities must draw up a development contribution scheme in respect of certain public infrastructure and facilities provided by, or on behalf of, the local authority that generally benefit development in the area. All planning permissions granted are subject to the conditions of the development contribution scheme in operation in the area of their planning authority.
The adoption of the development contribution schemes is a reserved function of the locally elected members of each planning authority. It is a matter for the members to determine (i) the level of contribution and the types of development to which they will apply and (ii) the expenditure of contributions within the confines of their scheme-conditions. A breakdown of what the development contribution fee is intended to fund is set out in each individual local authority’s development contribution scheme.
In addition to general levies, under section 49, planning authorities can create a specific and separate Supplementary Contribution Scheme to part-fund specific infrastructure projects.
The legislative process for the taking in charge of housing estates by local authorities is set out in section 180 of the Planning Act 2000. The prescribed process in this regard applies to residential developments consisting of two or more dwellings that have been granted planning permission under section 34 of the Act.
Under section 180 (1) of the Act, the planning authority is obliged to initiate the taking in charge process where requested by either the developer of, or by the majority of owners of the dwellings in, the estate in question. However, this is subject to the development being completed to the satisfaction of the authority and in accordance with the permission and any conditions attached thereto.
Where developments have not been completed to the satisfaction of the planning authority, and where enforcement proceedings in this connection have not been commenced by the planning authority within 4 years of the expiry of the planning permission relating to a development, section 180 (2)(a) of the Act provides that the planning authority shall, where requested by the majority of owners of the houses involved, initiate the taking in charge procedures under section 11 of the Roads Act 1993, as amended (the Roads Act).
Where this particular approach is being progressed, the authority may apply the security or development bond provided as part of the planning application for the purposes of ensuring the satisfactory completion of the development.
Where the calling in of the development bond is not possible or sufficient, section 180(2A) of the Act provides that the initiation of the taking in charge procedures under section 11 of the Roads Act shall not preclude the planning authority concerned from pursuing a developer for any costs incurred by the authority in respect of necessary works undertaken on a development to enable it to be taken in charge by that authority.
In order to conclude the taking in charge process where the development has been deemed to have been satisfactorily completed, a local authority is required to make a declaration under section 11 of the Roads Act following a proposal by the executive. The making of such a declaration, which effectively confirms that the authority is prepared to take over responsibility for the ongoing maintenance of the public works elements of the estate, is a reserved function of the elected members of a local authority.
Therefore, the decision to take any particular estate or estates in charge is ultimately one for the elected members of the local authority who, by way of declaration made under the Roads Act, will make such a decision.
In addition, it should be noted that financial decision making and the accountability of local authorities is a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority, which includes the adoption of the annual budget of the local authority.
In this regard, section 103 of the Local Government Act 2001, as amended, provides for the local authority budgetary process. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and the funding resources available to the local authority. This includes the taking in charge of housing estates.
