2250174
(1) ERECTION OF A 58 BEDROOM NURSING HOME WITH AUXILLARY FACILITIES (2)PART DEMOLITION OF AND ERECTION OF A NEW EXTENSION TO CHURCHTOWN LODGE, A PROTECTED STRUCTURE AND CHANGE OF USE TO 10 BEDROOM RESPITE CARE FACILITY (3)CAR PARKING AND AMENDED VEHICULAR ACCESS AND (4)CONNECTION TO PUBLIC MAINS SERVICES
Granted
Core Planning Reasoning
The Inspector recommends a grant of permission but advises amending Condition No. 15 regarding the special development contribution. While the footpath is deemed a specific exceptional cost necessary for the development, the Inspector found the Planning Authority's updated cost calculation lacked sufficient rationale and recommended a reduction in the total fee.
Decision Maker's Conclusion
- The provision of a 2m wide footpath along the site boundary is considered a specific exceptional cost under Section 48(2)(c) because it is essential to provide safe access for vulnerable road users to the proposed nursing home.
- The imposition of Condition 15 does not constitute 'double charging' because, while footpaths are mentioned in the General Development Contribution Scheme, this specific infrastructure is directly attributable to and necessary for the facilitation of the subject development.
- The special contribution amount should be amended from €56,000 to €53,000 as the Planning Authority failed to provide a sufficient rationale for increasing the base rate from €200 to €213 per square meter in their subsequent response.
Cited Policies (CDP)
Donegal County Development Plan 2018-2024Seven Strategic Towns Local Area Plan 2018-2024 (Map 5)Established Development ZoningDonegal County Council Development Contribution Scheme 2016-2021Section 48(2)(c) of the Planning and Development Act 2000 (as amended)Section 48(12) of the Planning and Development Act 2000 (as amended)Section 7.12 of the Development Management Guidelines (2007)Development Contributions Guidelines for Planning Authorities (2013)
Decision Document Summary
The proposal consists of a 58-bedroom nursing home and the renovation of 'Churchtown Lodge' (a Protected Structure) into a 10-bedroom respite care facility on a 0.7463ha triangular site in Carndonagh, Co. Donegal. Donegal County Council granted permission subject to 16 conditions, including a €56,000 special contribution (Condition 15) for a new footpath. The applicant appealed this condition, arguing it represented 'double charging' as footpaths are covered under the General Development Contrib...SOURCE PDFOpen Original
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