The Scheme sets out the following:
• The classes of public infrastructure and facilities in respect of which contributions will be sought.
• The contributions required to be paid.
• The exemptions that may apply.
• The main public infrastructure and facilities for which contributions will be sought
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Compliance Watch is our monthly compliance updates newsletter which presents comprehensive and consolidated regulatory updates from centre, states, union territories, regulators, and ministries across categories, and compliance types.
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Compliance Watch is our Monthly Compliance Updates Newsletter which presents comprehensive and consolidated regulatory updates from centre, states, union territories, regulators, ministries, across all the categories, and compliance types.
Subscribe for legal updates in India! Call us at +91 8893594595 for details or write to us at https://www.avantis.co.in/legalupdates/ to know latest legal updates in India.
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Compliance Watch is our monthly compliance updates newsletter which presents comprehensive and consolidated regulatory updates from centre, states, union territories, regulators, and ministries across categories, and compliance types.
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Compliance Watch is our Monthly Compliance Updates Newsletter which presents comprehensive and consolidated regulatory updates from centre, states, union territories, regulators, ministries, across all the categories, and compliance types.
Subscribe for legal updates in India! Call us at +91 8893594595 for details or write to us at https://www.avantis.co.in/legalupdates/ to know latest legal updates in India.
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3. 3
Index
1.0 Introduction
2.0 Preamble
3.0 Classes of Public Infrastructure and Facilities
4.0 Basis for the Determination of the Contribution
5.0 Exemptions that apply
6.0 List of Projects of Public Infrastructure and Facilities
4. 4
1.0 Introduction
The Draft Scheme has been prepared in accordance with S48 of the Planning and
Development Act 2000, as amended, and regard was had to the “Guidelines for
Planning Authorities on Development Contributions”, issued by the Department of
the Environment, Community and Local Government in January 2013. It will apply
to lands within the Bray Town Council administrative area, and shall be for the period
to 2022, or until a new scheme is adopted, either solely for the Bray Town Council
administrative area or as part of a combined Co Wicklow scheme.
I t shall be reviewed periodically.
2.0 Preamble
2.1 The Scheme sets out the following:
The classes of public infrastructure and facilities in respect of which
contributions will be sought.
The contributions required to be paid.
The exemptions that may apply.
The main public infrastructure and facilities for which contributions
will be sought.
2.2 The public infrastructure and facilities identified in the list of public
infrastructure in Appendix 1 are considered to be those projectsthat are
required to facilitate development envisaged in the Bray Town Development
Plan, and that can be progressed with the funding which it is projected will be
received under the Scheme up to 2022 and any other required funding.
2.3 Public infrastructure and facilities are defined in S48 (17) of the Planning and
Development Act 2000, as amended.
2.4 The Planning Authority when granting a permission under S34 of the Planning
and Development Act 2000, as amended, will include conditions requiring the
payment of contributions in respect of public infrastructure and facilities
benefiting development in its functional area in line with the terms of the
Scheme.
2.5 The Planning Authority may, in addition to the terms of the Scheme, require
the payment of special contributions in respect of a particular development
where specific costs not included in the Scheme are, or will be, incurred by the
Local Authority in respect of public infrastructure and facilities which benefit
the proposed development. The provisions set out under S48 (12) of the
Planning and Development Act 2000, as amended, shall apply to any special
contribution required by a condition attached to a permission.
2.6 An appeal may be brought to An BordPleanala where an applicant for
permission considers that the terms of the Scheme have not been properly
applied in respect of any condition laid down by the Planning Authority, or in
5. 5
relation to a condition requiring the payment of a special contribution laid
down by the Planning Authority.
6. 6
3.0 Classes of Public Infrastructure and Facilities
3.1 Table 3.1 sets out the classes of public infrastructure and facilities in respect of
which contributions will be sought.
Table 3.1
Class of public
infrastructure and
facilities
Description
Class 1 Roads and Transportation
Class 2 Water and Drainage
Class 3 Community & Recreational Amenity
7. 7
4.0 Basis for the Determination of the Contribution
The basis for determining the contribution rates is to estimate the cost of
providing the relevant public infrastructure required to facilitate the projected
population growth over the period 2013 to 2022. The period chosen allows the
population growth targets set down in the County Development Plan Core
Strategy 2010 to be used, as required by the Dept.’s Guidelines.
It is hard to predict the level of growth for BrayTown versus its environs. In
the census 2011, Bray had a population of 27727 and housing stock of 10897.
The environs (within Co. Wicklow) had a population of 1621 and 621 housing
units, giving a total population of 29332 and 11518 housing units.
The core strategy of the Wicklow County Development Plan, based on the
requirements of the National Spatial Strategy and Regional Planning
Guidelines, envisages Bray growing to a population of 45000, requiring a total
of 20874 dwellings. This will require an extra 9350 units over the census
figure in 2011. For the purposes of this scheme, it is assumed that one third of
these will be built within the Town Council area, and that some of these have
been constructed since the census, yielding a net 3000 dwellings to be
constructed up to 2022
To allow for the employment needs of those who will occupy these new
dwellings, this scheme will assume that commercial and industrial
development will be provided to employ one person per house. The gross area
of buildings required per employee varies from circa 25 m2
to 100 m2
for
industrial and higher for storage and distribution. For the purposes of this
scheme it will be assumed that 60 m2
of employment buildings will be
provided for each employee, yielding a requirement for 180000 m2
of
employment floor area
4.1 Estimated Cost of Public Infrastructure
Class 1 Roads & Transportation
For Class 1, all projects identified in the Development Plan and the current
Development Contribution Scheme were examined. The final list of projects
that was chosen to be included for the purposes of the Contribution Scheme
(list attached) were those which it was considered were needed for the
projected population growth.
The estimated overall cost (including design & financing) of providing the
Class 1 infrastructure was €41.317, and each scheme was analysed to
determine the benefit that would accrue to existing development, leaving a net
figure of €19.408 to be funded by projected new development.
Therefore, the amount to be collected under the Contribution Scheme for Class
1 is €19.408M
This amount is to be collected 75% from residential development (€14.556M)
and 25% from Industrial/Commercial Development (€4.852M). These
proportions differ from those used in the WicklowCounty area and reflect that
8. 8
Bray is a major employment and retail area and thus would have a greater
proportion of employment infrastructure.
Having regard to the projected growth rates of 3,000 residential units (of
average size of 100 m2
) and 180,000 m2
of Industrial/Commercial
development the average unit rates to be sought are calculated as follows:
Residential: €14.556M/300000 = €48.55 per m2
Industrial/Commercial: €4.852M/180,000 = €26.956/m2
.
Class 2 Water & drainage
Under the current Contribution Scheme the water & sewerage projects
contained in the Water Services Programme were costed and the marginal
cost was sought to be raised under and within the period of that Contribution
Scheme. However, to take into account the fact that generally water &
sewerage projects are designed to provide for 20 years increased capacity, and
thus provided an excess of capacity for the period of the Contribution
Scheme, the method of estimating the costs applicable to the period 2013 to
2022 was modified. This was done by effectively pushing the repayment
period out to the design life of a water services scheme, and adding the cost of
financing such schemes, pending new development that can take up the
capacity, and repay the expenditure of such schemes.
With water & sewerage projects the Marginal Cost is the relevant cost, as it
already takes into account the benefit that accrues to the existing development
which is paid by the Department of the Environment, Community and Local
Government.
To estimate an actual cost of providing water & sewerage infrastructure for a
dwelling the actual marginal cost of the Bray/Shanganagh Sewerage Scheme
(constructed in 2012) was €300 per population equivalent (pe).
The estimated marginal cost of providing the Bray North Water improvement
scheme is €200 per pe. However, as 50% of new development lands within the
town already have adequate water supply capacity, only €100 needs to be
raised to cover the marginal costs of the North Bray Water Improvement
Scheme
Therefore, it is considered that it would be appropriate to take the cost of
providing water services as being €400 per pe €1000 per dwelling.
Given the fact that water & sewerage schemes are designed for a 20 year
design life the financing cost has been estimated at 30% (i.e. 3% per annum
over 10 years) ~ €1300 per dwelling is required for water & sewerage.
There is also a requirement to raise contributions for surface water
infrastructure, which can include surface water sewer networks, upgrading of
existing water courses, etc works. It is estimated that €900 per dwelling is
required.
9. 9
Based on the above it is considered that on average €2200 per dwelling, or
€22 per m2
is required for Class 2.
The equivalent for commercial/industrial should be based on domestic usage
only; a business that has trade effluent and water demand can be levied as a
special levy. Given the higher employee numbers in commercial/office
developments, it is considered that the utilisation of water services would be
of the order of 80% of the per m2
of domestic, and industrial/distribution
would be 60% of domestic, yielding a charge of €17.60 per m2
for
commercial/retail, and €13.20 per m2
for industrial/distribution
Class 3Community & Recreational Infrastructure
The projects to be funded are include in Appendix 1, and taking into account
the benefit of each project that will accrue to existing development, the
amount needed to be funded by new development, is €6.4 million.
The Wicklow County Council scheme splits the amount to be collected from
residential development at 90% and 10% from commercial/industrial. To take
into account the greater amount of employment development planned for
Bray, this scheme will adopt a 80%/20% split. Thus €5.12M will be funded by
residential development, and €1.28M funded by industrial/commercial.
Residential: €5.12/300000 = €17 per m2
Industrial/Commercial: €1.28/180000 = €7 per m2
4.2 The development contributions to be sought for each development type are set
out below.
Table 1
Residential Commercial/Retail Industrial/Distribution
Class1:
Roads/Transportation
48.55
66.67
29.96
48.94
29.96
24.47
Class 2:
Water/Drainage
22.00
33.03
17.60
28.75
13.20
22.02
Class 3:
Community/Recreation
17.00
25.70
7.00
21.40
7.00
14.68
TOTALS 87.55
125.40
54.56
99.09
51.16
61.17
current rates in RED
Conditions requiring payment of the contributions provided for in the Scheme
will be imposed in all decisions to grant planning permissions made by the
Council immediately following the adoption of the Scheme.
The contributions under the Scheme shall be payable prior to commencement
of development or as otherwise agreed by the Council. Contributions shall be
10. 10
payable at the index-adjusted rate pertaining to the year in which
implementation of the planning permission is commenced, as provided for in
paragraph 4.4 below. Any outstanding balance will be subject to indexation in
accordance with the scheme or may be subject to interest charges, whichever
is the greater.
Industrial/Commercial/Retail and Industrial/Distribution refers to all industrial
and commercial developments, including extensions.
Residential extensions will be subject to contributions at the m2
rates
identified in Table 1, with a waiver given for the first 40m2.
For clarification, the waiver for the first 40m2 will only apply in full where the
dwelling has not been previously extended, with a reduced waiver allowed,
where the dwelling has been previously extended by less than 40m2.
The floor area of proposed development shall be calculated as the gross floor
area. This means the area ascertained by the internal measurement of the
floorspace on each floor of a building (including internal walls and partitions)
and including mezzanine floors. In the case of multi-unit residential buildings,
only the floor area of each residential unit will be included.
4.3 In the case of replacement residential units the contribution sought will be the
difference in the contribution for the original unit size and the new unit size.
4.4 Buildings/Structures (including non-mobile plant & machinery), which form
part of developments, including Recreation/Leisure Development Types, will
incur development contributions at the appropriate rate for the main
development type.
4.5 Contributions in Table 1, will increase on each and every 01st
of January in
line with the Wholesale Price Index - Building and Construction
(i.e. materials and wages) published by the Central Statistics Office, (or
similar index if discontinued).
4.6 Reduced rates for temporary permissions, for 10 years or less, shall be charged
as follows:
33% of the relevant contribution specified in the Scheme for permissions up to
3 years.
50% of the relevant contribution specified in the Scheme for permissions up to
5 years.
66% of the relevant contribution specified in the Scheme for permissions up to
10 years.
4.7 There will be no double charging. Credit will be given for previously paid
development contributions or previous authorised use or existing floor areas.
4.8 As an incentive for employment generating development in the town, where
contributions are attached to a permission in accordance with Table 1 of this
11. 11
Scheme, a once off reduction/refund of 20% in development contributions for
Industrial/Commercial development, as set out in Table 1, will be allowed for
development which is completed within two years of the adoption of this
scheme. This reduction/refund will be applied at the time the development has
been completed.
Developments that benefit from the 20% reduction detailed in 4.7 will not be
entitled to any reduction detailed in Table 5.1.
4.9 This paragraph refers to where permission is granted for development after the
date of adoption of this Scheme, and the subject development includes for
retention and/or completion of residential units or industrial/commercial
buildings. Where substantial works have been carried out to the individual
residential units or industrial/commercial buildings, in the opinion of the
Planning Authority, on foot of a previous permission, or alternatively where
no permission was granted, the contributions required for these incomplete
residential units, or industrial/commercial buildings, will be computed on the
basis of the contribution scheme that was in operation when works on those
units were commenced.
12. 12
5.0 Exemptions
5.1 S48 (3) (c) of the Planning & Development Act 2000, as amended, allows for a
reduction in contributions or no contribution in certain circumstances under the
terms of the Scheme. Table 5.1 details the exemptions that are allowed under the
Scheme.
5.2 No exemptions/reductions will be allowed for retention permissions.
Table 5.1
Development Type Reduction/Increase
Social Rented Housing 100% reduction
Housing provided by Voluntary organisations or Co-
Operative housing bodies as outlined in Article 157
(2) of the Planning & Development Regulations 2001,
as amended
100% reduction
Facilities provided by organisations which are
considered exempt from planning fees as outlined in
Article 157 (1) (a) – (c) of the Planning &
Development Regulations 2001, as amended
100% reduction
Commercial development in the core town centre
areas/main street locations, that consolidates and
strengthens the historical town centre.
10%
Residential extensions for disabled persons in receipt
of a disabled persons grant.
100% reduction
Buildings designed or intended to be used for non-
profit social, recreational or religious purposes.
Development designed or intended to be used for
workshops training facilities, hostels (or other
accommodation) for persons with disabilities and
which is not be used for profit or gain.
100% reduction
Works to Protected Structures that contribute to their
protection and restoration
50% reduction
Crèche/Childcarefacilities 50% reduction
13. 13
6.0 List of Public Infrastructure and Facilities
6.1 The list of projects for the various Classes of public infrastructure and
facilities is set out in the tables included in Appendix 1.
6.2 The projects identified for Class 3 are on the basis of a Community Facilities
Hierarchy. The particular needs of each location will be assessed in identifying
the appropriateness of a particular project. The contributions raised for Class 3
may be used to provide funding for the provision of facilities developed with
local communities and communities of interest.
6.3 The cost of providing certain projects identified in Appendix 1 will require a
proportion of the costs to be met by the County Council or a developer.
6.4 Where a project listed in Appendix 1 is constructed/provided by a developer as
part of a planning permission, a portion of the cost of constructing/providing
the project may be offset against the relevant contributions due under the
subject permission, depending, inter alia, on Wicklow County Council’s
capital investment priorities. In computing any offset, the Planning Authority
will have regard to the actual costsincurred by the developer in
constructing/providing the project. Furthermore, only the marginal costs (i.e.
the costs of those additional works which were required over and above that
required for the developer’s own development, to which the permission
related) will be used to compute any offset.
15. 15
CLASS 1 – ROADS, TRANSPORTATION & CAR PARKING
The following works include the necessary surface water drainage, public lighting
and footpaths
Project Name
Killarney Road and Church Road
Multi-storey car park @ Herbert Road
Town Centre Traffic Management Works
Strengthening & Improvements to footpaths & roads
**Hills Roundabout – N11
Bray SCR
Dublin Road
Killarney Lane Improvements
Kilbride Lane Improvements
Widening of Greystones Road from Newcourt to Briarwood
Golf Club Lands Transport Infrastructure inc Bridge
Pedestrian Bridge across River Dargle
Upgrading of Dargle Road
Cycle Lanes throughout Town
Bray Bridge Footbridges &Seapoint Road
Convent Hill widening
** 50% of the total cost of this scheme is only taken by Bray TC
16. 16
CLASS 2 – WATER & SEWERAGE
Project Name
Shanganagh Sewerage
Bray catchment Sewerage
Bray North Water
Bray Water Supply Scheme
17. 17
CLASS 3 – COMMUNITY & RECREATIONAL AMENITY
Project Name
Naylors Cove Improvements
Mermaid Arts Centre
Community Childcare Facility Little Bray
Community Childcare Facility Southern Cross
Dargle River Walk & Greenways
Play Space
Multi Use Games Area
Athletics Track
Seafront Masterplan
Harbour Enhancement Masterplan
Library Development Plan
South Beach Boat Slip
Changing Facilities, Additions & Enhancements
Sports Facilities/ Pitches
Cliff Walk Improvements
Former Loreto Lands Landscaping Improvements
Bray Head former Par 3
Boardwalk/Beachfront Accessibility
Springfield Cemetery Urn Wall