Core Planning Reasoning
The development consists of a change of use from ancillary accommodation to a commercial office, which constitutes a substantial intensification of use; therefore, the exemption for development contributions under Section 11(i)(v) of the Fingal County Development Contribution Scheme does not apply.
Decision Maker's Conclusion
- The Inspector determined that once the previous specific use ceased, the authorised use of the unit reverted to ancillary accommodation for the apartment block as per a 1995 planning condition.
- The current use as a general estate management office represents a commercial intensification compared to ancillary residential storage, disqualifying it from contribution exemptions.
- Due to a scheduled increase in contribution rates effective January 1, 2023, the Inspector recommended increasing the financial contribution from €3,949 to €4,500.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Zoning Objective TC (Town and District Centre)Fingal County Development Contribution Scheme 2021-2025Section 11(i)(v) of the Development Contribution SchemeSection 48 of the Planning and Development Act 2000, as amended
Decision Document Summary
The application seeks the retention and continued use of a 38sqm ground floor unit in Malahide Marina Village as a general estate management office. The site is located within a 'Town and District Centre' zoning. The planning history shows the unit was previously permitted as an estate office but was conditioned to revert to ancillary residential accommodation once that specific need ceased. The Inspector argues that because the unit's baseline 'authorised use' is ancillary accommodation, the sh...SOURCE PDFOpen Original
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