At this yesterday evenings monthly meeting of Dublin City Council I requested an opinion from the Law Officer on whether Dublin City Council is acting legally by continuing to collect Section 49 Development Levys for the Metro North Project.

I was alarmed to learn that the City Manager had not already sought legal advice on the matter and asked that he do so because not only is the continued collection of the levy’s removing cash from the city economy but it is also potentially exposing the council to liability.

The section 49 Metro North development levy scheme was created by Dublin City Council in 2007 for a period of 30 years. Already more than €13m has been collected by Dublin City Council and Fingal County Council under this scheme. The scheme is projected to collect more than €100million over the next thirty years if it continues unchecked. This is real money that could be otherwise invested in the city.

I have repeatedly asked Dublin City Council to suspend the levy scheme and to refund the levy’s already collected. The scheme states that the Metro North Project was to be completed in 2012 and it states that if the project does not proceed the levys will be refunded. I believe that City Council is potentially acting in conflict with it’s own scheme.

The collection of this levy must be suspended immediately. It is bad practice for Dublin City Council to collect a levy for a project that has been indefinitely suspended, it is damaging the city economy and it undermines Dublin City Councils ability to collect legitimate charges. Mary