Local authority order changing sums payable pursuant to development contribution scheme was lawful

Judicial review – planning and development – substantive hearing – challenge to the chief executive’s order purporting to change the development contribution due under Condition 13 of the Permission for Development Register Reference 05/1061 insofar as it relates to thirty-three unsold houses in that development – applicant was granted permission for a development consisting of forty-three houses – Condition 13 of  Development Contribution Scheme - developer shall pay a contribution to the planning authority towards the costs already incurred or to be incurred by the planning authority on the provision of each of its public facilities which will benefit development in the area of the planning authority - on the date of the grant of the permission the development contribution payable was €8,946.00 per house but was subject to increase in accordance with the relevant wholesale price index – by 2016 the price was approximately €10,000.00 per unit - the forty-three houses were built in accordance with the permission and ten were sold – contribution paid for the ten houses - no contribution was paid for those thirty-three houses - monies payable for development contributions for inter alia water and sewage into this structure became vested in Irish Water – applicant acquired the remaining properties -  new Development Contribution Scheme made in 2016 – changed the basis for contributions by reducing it to €5,400.00 per unit - four houses sold – cheques in sum of €5,400.00 made in each – compliance confirmed in relation to three – County Council referred the matter of confirmation of compliance in relation to one house - recommendation set out the increases in contributions in accordance with Condition 13 - increased to €10,097.28 per unit -  unpaid balance for the unsold thirty-three houses was €333,208.92 of which Irish Water’s share was €145,672.89 - Scheme’s new rate of €5,400.00 per unit multiplied by thirty-three units resulted in a total due of €178,200.00 - sum when added to the Irish Water charge is €328,872.89 -  sold twenty-three houses and sent €124,200.00 – no letters of compliance received - order purports to apply to thirty-three unsold houses whereas there were only twenty-nine unsold houses on the date of the making of the order – argued that as the council had issued the letters of compliance it is estopped from disputing that the development contribution payable in respect of all unsold houses is €5,400.00 per unit, alternatively, the respondent is estopped as to the three houses to which the said letters relate – law relating to development contributions -  reasonably relied on expressed assurances from the respondent that the development contribution was €5,400.00 per unit only and not any other amount - under Condition 13 the developer is liable to pay a development contribution in respect of water and sewage infrastructure provided or to be provided by the council in its administrative area - following the establishment of Irish Water almost all the functions of water services authorities pursuant to the Water Services Act 2007 where transferred to Irish Water – council argued that submits that the applicant is liable to pay the contribution to the Irish Water and Irish Water as the legal right to sue on or discover the money from the applicant – order made in accordance with the law - order can be lawfully made by the respondent in the performance of the executive functions of the council – applicant had a liability to the council and Irish Water – liability is in respect of the 30 unsold houses.