• The introduction of 60km/hr speed limits on all approaches to the junction
• Anti-skid surfacing and additional rumble strips on the minor approaches and
• Additional kerbing to restrict the road width on the St. Margaret’s approach.

1. Interim Gateway Signage and Improved Lighting Scheme and
2. Progression of full roundabout upgrade scheme to Compulsory Purchase Order Stage

• Any document setting out public policy proposals;
• Any annual report;
• Any audited accounts or financial statements;
• Any statement of strategy prepared under Section 5 of the Public Service Management Act 1997;
• Any document that had been appropriately prescribed as being of major public importance.

• 3 Flat top ramps
• Associated signing and lining

• Signs should be erected to indicate “cul-de-sac/access only”
• Concern that ramps will present a danger to cyclists and pedestrians.

EXPENDITURE				Column A		Column B					Column C					Column D
SERVICE DIVISION				BUDGET		AMENDED BUDGET					TOTAL EXPENDITURE					AMENDED BUDGET
A		Housing & Building		38,172,900		36,809,100					24,030,652					65%
B		Road Transportation & safety		27,999,200		24,395,000					14,263,552					58%
C		Water Services		45,716,000		44,512,100					27,160,181					61%
D		Development Management		12,929,700		12,416,600					7,888,740					64%
E		Environmental Services		55,949,600		53,265,500					34,013,211					64%
F		Recreation & Amenity		30,596,500		28,725,500					18,875,845					66%
G		Agri., Edu., Health & Welfare		14,446,000		14,410,600					10,730,563					74%
H		Misc. Services		7,126,000		7,095,600					6,398,770					90%
J		Central Management Charge		37,378,000		39,728,200					26,711,481					67%
		TOTAL			270,313,900	261,358,200					170,072,994						65%
INCOME					Column A	Column B					Column C						Column D
SERVICE DIVISION				BUDGET		AMENDED BUDGET					TOTAL INCOME					AMENDED BUDGET
A	Housing & Building			36,206,800		35,761,800					22,449,545					63%
B	Road Transportation & safety			12,194,600		9,309,300					4,169,408					45%
C	Water Services			16,560,700		16,297,300					9,198,093					56%
D	Development Management			3,064,200		2,206,700					1,407,755					64%
E	Environmental Services			19,549,600		16,540,800					11,217,780					68%
F	Recreation & Amenity			2,607,100		2,898,200					1,957,082					68%
G	Agri., Edu., Health & Welfare			13,280,400		14,613,500					10,046,340					69%
H	Misc. Services			3,273,400		2,574,400					1,445,105					56%
J	Central Management Charge			5,264,100		5,263,600					3,351,254					64%
	SUB TOTAL			112,000,900		105,465,600					65,242,362					62%
	LOCAL GOVERNMENT FUND												21,109,996
	RATES													92,060,137
	TOTAL INCOME													178,412,495
	EXCESS INCOME OVER EXPENDITURE @ 31/8/2009												8,339,501

The following report by the Manager together with Draft Development Contribution Scheme 2010-2017 which had been circulated was considered:

“Fingal County Council’s current Development Contributions Scheme will expire on 31st December, 2009.  This Scheme was adopted in 2003, with effect from 1st January, 2004, and specified that development contributions at the rate of €129 per square metre of residential development and €100.00 per square metre of industrial/commercial development would be payable in respect of all planning permissions granted from that date.
These rates were subject to indexation in accordance with the Tender Price Index, and now stand at €143 per square metre of residential development and €111 per square metre of industrial/commercial.

For the years 2004-2008 the income generated by the Scheme totalled €171 million, and part funded the capital costs of projects in four classes of public infrastructure and facilities vis-à-vis 

• Class 1  Roads infrastructure and facilities
• Class 2 Water and drainage infrastructure and facilities
• Class 3 Community & Parks facilities & Amenities
• Class 4 Urban Regeneration

In September, 2009 Dublin City Council, on behalf of the four Dublin Local Authorities, engaged a consortium comprising Deloitte Financial Consultants, Mc Gill Planning Ltd. Chartered Town Planners, and CBRichard Ellis Property Consultants with the following brief:

a) Review the operation of the current section 48 and 49 Development Contribution Schemes in operation for each of the four Dublin Local Authorities.
b) Provide a sound, justifiable, logical, equitable and accountable basis for the determination of financial contributions under sections 48 and 49 of the Planning and Development Act, 2000 for the period 2010-2017 having regard to the existing methodology used for the current schemes.
c) Provide detailed input and advise on the number and precise content of Contribution Schemes, which they proposed for each of the four Local Authorities.
d) Prepare draft Schemes for each Authority under both sections 48 and 49, relating to the various types of development contribution that are payable; these to include a general contribution payable under a scheme made under section 48, a supplementary contribution (area specific and related to a particular infrastructure project or service, including one provided under a public private partnership (PPP) arrangement) under a scheme made under section 49 and a special contribution payable for a particular development in respect of infrastructure benefiting that development under section 48 (2) (c).

This has been completed, and the consultants’ report and draft Fingal County Council Development Contributions Scheme are attached.

The draft Scheme provides for a projected Development Contributions income of €106.5 million over the eight year period 2010-2017 to part fund overall expenditure in excess of €1 billion.

The proposed new rates of contribution are identical to the current rates vis-à-vis

• €143 per sq.m. for residential development.  This would average €14,300 per unit.
• €111 per sq.m. for non-residential.

These rates have been determined having regard to the existing rates under the current scheme, rates charged by the other authorities in the Dublin Region, and the need to achieve a rate sufficient to fund infrastructure without becoming a disincentive to development particularly in the current circumstances.

This will result in a funding gap of €21.7 million which will have to be addressed during the life of the scheme.

The main difference in the proposed new Scheme and the current Scheme is that Indexing annually will be in line with the Wholesale Price Index Building & Materials, instead of the Tender Price Index.

The making of a scheme is a reserved function of the Council, following a six week public consultation period during which time submissions and observations may be made.

Not later than four weeks following the expiration of the public consultation period a report on the submissions and observations received will be prepared and submitted to the Council.

Not later than six weeks after receipt of this report the Council must decide by resolution to make the scheme, as recommended by the Manager, with or without modification, or not to make the scheme.

It is proposed to initiate the public consultation process on 16th September 2009, with a view to bringing the matter back to the Council for decision by the Members.”

Mr. Brian Buckley then gave a brief summary of the Draft Scheme following which Mr. Michael Flynn of DeLoitte Corporate Finance gave a detailed presentation on the background and rationale as to how the various figures were arrived at.  Following a prolonged discussion on the item during which issues raised by the Members were responded to by the Manager and Mr. Flynn it was proposed by Councillor C. Byrne, seconded by Councillor P. Hamill and resolved:

“That the recommendations contained in the foregoing report be adopted and approved and the public consultation process now be initiated in relation to the Draft Scheme as presented.”

 
Fingal County Council
Draft Development Contribution Scheme 2010 -2017

(under Section 48, Planning & Development Act, 2000 as amended)
1. Sub-section (1) of section 48 of the Planning and Development Act, 2000 enables a planning authority, when granting a planning permission under Section 34 of the Act, to include conditions for 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 (regardless of other sources of funding for the infrastructure and facilities).
2 (a) Subsection (2) of Section 48 requires that the basis for the determination of a contribution under subsection (1) shall be set out in a development contribution scheme made under this section.
(b) A scheme may make provision for payment of different contributions in respect of different classes or descriptions of development.
3 (a) Subsection (3) of Section 48 specifies that a scheme shall state the basis for determining the contributions to be paid in respect of public infrastructure and facilities, in accordance with the terms of the scheme.
 (b) In stating the basis for determining the contributions to be paid, the  scheme must 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 any local authority and the planning  authority shall have 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.
 (c) A scheme may allow for the payment of a reduced contribution or no  contribution in certain circumstances, in accordance with the provision  of the scheme.

4. Subsection (15)(a) specifies that a planning authority may facilitate the phased payment of contributions under Section 48 of the Planning and Development Act, 2000 and may require the giving of security to ensure payment of contributions.
DEFINITIONS
5. (i) Section 48 of the Planning and Development Act, 2000 ("The Act") gives the following meaning to "public infrastructure and facilities"
 (a) "the acquisition of land,
 (b) the provision of open spaces, recreational and community   facilities and amenities and landscaping works,
 (c) the provision of roads, car parks, car parking places, sewers,  waste water and water treatment facilities, drains and watermains,
 (d) the provision of bus corridors and lanes, bus interchange  facilities (including car parks for these facilities) infrastructure to  facilitate public transport, cycle and pedestrian facilities, and traffic  calming measures,
 (e) the refurbishment, upgrading, enlargement or replacement of  roads, car parks, car parking spaces, sewers, waste water and water  treatment facilities, drains or watermains, and
 (f) any matters ancillary to paragraphs (a) to (e)".

1 (ii) "scheme" means a development contribution scheme made under  Section 48 of the Act.

6. The basis for determination of a contribution under the Fingal County  Council Development Contribution Scheme 2010 -2017 ("the Scheme") is  as follows:
 (a) The amount of the costs which are attributable, in the years to  2017 to the three classes of public infrastructure and facilities (listed in  the table at Article 9 below). These costs are given in Table A of  Appendix I which is annexed to this Scheme.
 (b) The aggregated floor areas in square metres of projected  development, in the years to 2017, in each of the classes or descriptions  of development, namely, residential class and industrial/commercial  class. These floor areas are given in Table B of Appendix I which is  annexed to this Scheme.
 (c) The development contributions payable per square metre of  residential development, and of industrial/commercial development  were determined upon consideration of a number of factors including:
 – Eligible costs of projects;
 – Expected quantum of development;
 – The level of existing contribution rates.

The result of this analysis is shown in Article 9 of this Scheme below.
DEVELOPMENT CONTRIBUTION SCHEME
1 This Fingal County Council Development Contribution Scheme 2010 - 2017 ("the Scheme") is made under Section 48 of the Planning and  Development Act, 2000 ("the Act").
2 Under the Scheme, Fingal County Council will, when granting a  planning permission under Section 34 of the Act, include conditions for  requiring the payment of a contribution (the amount of which is  indicated below under the heading Level of Contribution) in respect of  public infrastructure and facilities benefiting development in the County  of Fingal and that is provided, or that it is intended will be provided, by  or on behalf of Fingal County Council (regardless of other sources of  funding for the infrastructure and facilities).
3 

(a) Under the Scheme, the contributions to be paid (except where an Exemption or Reduction applies, see Article 10 below) in respect of the different classes of public infrastructure and facilities are as follows:
Class of Public Infrastructural Development  € per square metre of Residential Development  € per square metre of Industrial/ Commercial class of Development
Class 1: Roads infrastructure & facilities  €69.84  €54.21
Class 2: Water & Drainage infrastructure & facilities  €49.91  €38.74
Class 3: Community & Parks facilities & amenities  €23.25  €18.05
Total of Contributions Payable  €143.00  €111.00

Note 1: These rates of contribution shall be updated effective from 1 January each year during the life of the Scheme in accordance with the Wholesale Price Index (Building and Construction Materials) (See Article 12 of the Scheme below). The above rates are effective from 1 January 2010.
Note 2: The floor area of proposed development shall be calculated as the gross floor area. This means the gross floor area determined from the external dimensions of the proposed buildings, including the gross floor area of each floor including mezzanine floors.
Note 3: New extensions to existing developments will be charged at the above rates also.
(b) The Fingal Development Plan provides the discretion to the Council to determine a financial contribution in lieu of all or part of the open space requirement for a particular development. This contribution in lieu of open space will be levied at the following rates;
1 Class 1 Open Space -€200,000 per acre to purchase land based on the  value of amenity land, plus €100,000 per acre for development costs
2 Class 11 Open Space -€1,250,000 per acre to purchase land in  residential areas, plus €100,000 per acre for development costs.

These rates may be reviewed by the Council from time to time having regard to market conditions. The contributions collected will be used for the provision of open spaces, recreational and community facilities and amenities and landscaping works – see Appendix 2.
 The following categories of development will be exempted from the requirement to pay development contributions under the Scheme:
 (a) The first 40 sq metres of domestic extensions (one per dwelling).  Domestic extensions for accommodation of disabled person(s) are  exempted in full in cases where a Disabled Persons Grant is approved.
 (b) Developments by registered charities and other organisations  having exemption from income tax and corporation tax under Section  20 of the Taxes Consolidation Act 1997 and currently holding an  exemption certificate from the Revenue Commissioners.
 (c) Large scale outdoor recreational developments such as golf  courses, sports pitches and tennis complexes but excluding buildings  and ancillary facilities.
 (d) Non – Commercial community related developments by voluntary  non profit making groups,clubs or organizations
 (e) Social housing units, including those which are provided in  accordance with an agreement made under Part V of the Act, as  amended, or which are provided by a voluntary or co-operative housing  body, which is recognised as such by the Council.
 (f) Developments for which public piped sewerage services are  unavailable will be exempted from half of the contribution amount  attributable to the Water & Drainage class of public infrastructure and  facilities. Where no piped water service is available the appropriate  contribution will not apply.
 (g) Agricultural Buildings are exempt. Developments associated  with the processing, distribution, supply or sale of fruit, vegetables,  food or any agri or market gardening products, carried out by persons  other than those that are primarily engaged in farming are not covered  by this exemption. Such developments are subject to a 50%reduction in  the commercial rate.
 (h) Ancillary surface car parking.
 (i) Non fee paying schools.
 (j) Signage, shop fronts, entrance gates, railings, fencing, antennae  structures, bus shelters switch rooms, substations,power lines etc.
 (k) Appropriate reductions in respect of demolition work will be  considered. Demolitions must be necessary to facilitate the proposed  development and applicants must demonstrate that a Section 48 levy  was previously paid in respect of the structure to be demolished.
 (l) Internal layout alterations where no additional floor area is  created.

1 Conditions requiring payment of the contributions provided for in the  Scheme will be imposed in all decisions to grant planning permissions  made following the making of the Scheme by the Council. The operative  date of the scheme is from 1st January 2010.
2 The contributions under the Scheme shall be payable prior to  commencement of development or as otherwise agreed by the Council.  Contributions shall be payable at the index adjusted rate pertaining to  the year in which implementation of the planning permission is  commenced, as provided for in the Note I to the table at Article 9 above.
3 The Council may facilitate the phased payment of contributions payable  under the Scheme, and the Council may require the giving of security to  ensure payment of contributions.

APPEAL TO AN BORD PLEANÁLA ("the Board")
14. An appeal may be brought to the Board where the applicant for planning permission under Section 34 of the Act considers that the terms of the Scheme have not been properly applied in respect of any conditions laid down by the Council.
REVIEW OF SCHEME
15. The Scheme may be reviewed from time to time by the Council having regard to circumstances prevailing at the time. After a review of the Scheme, a new Scheme may be made. The Scheme is effective from 1 January 2010 until 31 December 2017, unless a New Scheme is made in the interim.
SPECIAL DEVELOPMENT CONTRIBUTIONS
16. A special development contribution may be imposed under Section 48 of the Act where exceptional costs not covered by the Fingal County Council Development Contribution Scheme 2010 – 2017 are incurred by the Council in the provision of a specific public infrastructure or facility. (The particular works will be specified in the planning conditions when special development contributions are levied). Only developments that will benefit from the public infrastructure or facility in question will be liable to pay the special development contribution. Conditions imposing special contributions may be appealed to An Bord Pleanála.
17. This Scheme is effective in respect of permissions granted from 1st January 2010.
Costs attributable in the lifetime of the scheme to the classes of infrastructure and facilities:
 Cost Included in Scheme €m  Contributions Allocated €m  % Contributions Allocated
Class 1: Roads infrastructure & facilities  €96.0  €52.0  48.8%
Class 2: Water & Drainage infrastructure and facilities  €420.7  €37.2  34.9%
Class 3: Community & Parks facilities and amenities  €20.6  €17.3m  16.3%
Total costs included in Scheme  €537.3  €106.5  100%

TABLE B – PROJECTED DEVELOPMENT
Units of projected residential development (averaged at 100 square metres) and projected industrial/commercial development (in the years to 2017):
Residential
Industrial/Commercial
5,600 units
233,000 sqm
Roads
1 Balbriggan RR Ph 3 L1360-1 to Skerries Road R127 bridge
2 Balbriggan RR Ph 6 Naul Road R122 – Flemington Lane L1135, Naul  Road Upgrade (C Ring to M1) and C Ring to Hamlet Lane Link
3 Donabate Relief Road/Hearse Road Donabate to R132
4 Swords Road R132 Upgrade, Airport Roundabout to Collinstown Cross
5 Malahide Road Realignment, N32 Upgrade, E-W Distributor Road,  Kinsealy/Baskin Lane Improvement Scheme
6 Station Road Improvements
7 Moyne Road Upgrade R123
8 East West Distributor Stockhole Lane to Cherryhound
9 Kettles Lane Upgrade
10 Snugborough/Waterville Roundabout
11 Mulhuddart Interchange Upgrade N3
12 Ongar to Barnhill Link
13 Balbriggan RR Ph 2 Hampton Demesne
14 Balbriggan RR Stephenstown L1360-4 to Naul Road R122
15 Naul Road R122 Upgrade C Ring to Harry Reynolds Road L1170
16 Skerries Southern RR, Lusk Road R127 to Rush Road R128
17 Lusk Traffic Management Scheme Ph 2
18 Rush Lusk R128 Upgrade
19 Rush Traffic Management Scheme Ph 3
20 Donabate RR Newbridge to Portrane Demesne R126
21 Turvey Avenue Upgrade
22 R132 Turvey Avenue Junction
23 Rush Relief Road
24 R132 Swords Town Centre Car Park Access Scheme
25 Rathbeale Road R125 Upgrade
26 Balheary Junction
27 Swords Relief Road at Lord Mayors
28 Swords Traffic Management Scheme Ph 4
29 Swords Western Bypass
30 Malahide Swords Road Upgrade R106
31 Sutton Cross Improvements
32 Howth Traffic Management Plan
33 North Parallel Road Fosterstown
34 Sillogue Bridge Link
35 Cappagh Road – North Road Link
36 Cappagh Road – River Road Link
37 St Margarets Road Upgrade
38 Mulhuddart Village Traffic Management Scheme
39 Castaheany Interchange Upgrade
40 N3 Upgrade Littlepace to M50
41 N3 – N4 Barnhill to Leixlip Interchange
42 Ward Cross
43 Kellystown Road
44 N3 -N2 Link Castaheany to Damastown
45 N3 -N2 Link Tyrrelstown to Cherryhound
46 Porterstown Distributor Link Road
47 Castleknock QBC
48 N3 Drainage Augmentation Scheme/Mulhuddart Bridge Replacement
49 N3 Outbound Bus Lane

1 Leixlip WTP Expansion
2 Portrane/Donabate DBO
3 Portrane/Donabate Rush and Lusk Networks
4 Blanchardstown Regional Drainage Scheme
5 Regional WWTP & Orbital Sewer
6 Dublin Bay Project No. 5.2
7 Malahide Catchment Drainage Scheme
8 Blanchardstown High Level Water Supply Scheme
9 Balbriggan Low Level Water Supply Scheme
10 Balbriggan High level Water Supply Scheme
11 Swords Drainage
12 Rolestown Foul Drainage Scheme
13 Water Strengthening Schemes
14 Drainage Strengthening Schemes
15 Balbriggan Surface Water Scheme
16 Garristown Surface Water Scheme
17 Ballyboghill Surface Water Scheme
18 Oldtown Surface Water Scheme
19 Naul Surface Water Scheme
20 Garristown Treatment Plant Permenant Upgrade
21 Ballyboghill Treatment Plants Permenant Upgrades
22 Oldtown Treatment Plant Permanent Upgrade
23 Naul Treatment Plants Permanent Upgrade
24 Ward Water Supply Scheme
25 Santry Foul Pump Station
26 Swords 800mm Augmentation Scheme
27 Swords Strengthening Scheme Lissenhall to Jordanstown
28 Howth Water Supply Scheme Phase II
29 Malahide Reservoir Phase II
30 Beaverstown Donabate Surface Water Scheme
31 Cloghran Foul Drainage Scheme
32 Duplication of the 36” Ballycoolen to Kingston
33 Swords WWTP Expansion
34 Rush, Lusk, Skerries Water Supply Scheme
35 Toberburr Foul Pump Station and Rising Main
36 Balbriggan Skerries Phase 3 Network Contracts
37 30” Main Swords Rehabilitation
38 Donabate Augmentation Scheme
39 Malahide Augmentation Scheme
40 R132 Water Supply Upgrade Collinstown to Airport
41 Balrothery Sewer Upgrading
42 Turvey Avenue Foul Sewerage Scheme
43 Coolquay Drainage Scheme
44 Tyrellstown to Cherryhound Foul Sewer
45 Regional Project Water
46 Regional Project Waste Water
47 Regional Studies/Flooding
48 Leixlip Ballycoolin Phase 3 Refurbishment
49 Regional Telemetry & GIS
50 North Fringe Sillogue Branch Sewer

1 Brackenstown Community Facility
2 Castaheany Phase 2 Sports Facility
3 Meakstown Community Facility
4 Swimming Pool Balbriggan
5 Fingal Sports Complex
6 Seamus Ennis Cultural Facility
7 Kinsealy/Melrose Community Project
8 Anna Liffey Mills
9 Urban Tree Schemes
10 Depot Facilities Improvements
11 Beechpark Gardens Restoration
12 Ward River Valley Park
13 Millennium Park Blanchardstown
14 Biodiversity Planning & Green Infrastructure
15 Skerries Library
16 Bremore Regional Park
17 All Weather Facilities
18 Swords Regional Park
19 Rogerstown Inner & Outer Estuary

• The Lease will be for a period of five years.

• A separate Service Level Agreement will be entered into with the Council in relation to management and tenant services provision by Circle Voluntary Housing Association. 

• The standard RAS recoupment will apply in respect of the leased properties.” 

ROAD NAME	LENGTH	DESCRIPTION
Boroimhe Blackthorn (part of)	161m	From junction Boroimhe Distributor Road southwest for 54m and west for 72m and south for 35m.
Boroimhe Cherry (part of)	47m	From junction Boroimhe Blackthorn southeast for 47m
TOTAL ROAD LENGTH	208M
NUMBER OF UNITS

ROAD NAME	LENGTH	DESCRIPTION
Old Road Court	81m	From junction Old Road north for 71m and east for 10m to end of carriageway.
TOTAL LENGTH	81M
NUMBER OF UNITS	8

ROAD NAME	LENGTH	DESCRIPTION
Grey Square	111m	From junction Donabate/Portrane Raod south for 111m to end of carriageway
Red Square	135m	From junction Donabate/Portrane Road south for 59m, west for 20m, north for 36m and east for 20m.
TOTAL LENGTH	246M
NUMBER OF UNITS	29

ROAD NAME	LENGTH	DESCRIPTION
Finistere	160m	From junction Lower Main St, southeast for 73m, south for 37m, west for 41m and north for 9m
TOTAL LENGTH	160M
NUMBER OF UNITS	30

ROAD NAME	LENGTH	DESCRIPTION
Thornleigh	278m	From junction Kilbush Lane south for 111m and east for 60m to end of carriageway. From junction opposite house No. 43 west for 53m and south for 8m to end of carriageway. From junction outside house No. 20 west for 54m to end of carriageway.
Thornleigh Court	90m	From junction Thornleigh east for 48m, southeast for 14m and east for 28m to end of carriageway
Footpath on Kilbush Lane	42m	From junction Thornleigh west for 28m and east for 14m.
TOTAL LENGTH	368M
NUMBER OF UNITS	51