2152571

(1) CONSTRUCTION OF (A) A COLD STORE BUILDING AND ASSOCIATED HIGH LEVEL CONVEYOR LINK (B) A PLANT ROOM AND ASSOCIATED SERVICE GANTRY (C) GROUND FLOOR EXTENSIONS TO PRODUCTION BUILDING (D) RAISING THE ROOF LEVELS OF EXISTING PRODUCTION BUILDING AND NEW FIRST FLOOR FACTORY ACCOMMODATION (E) AN INTAKE BUILDING AND ASSOCIATED HIGH LEVEL CONVEYOR LINK

Granted

Core Planning Reasoning

The Inspector recommended the omission of Condition No. 7 (a special contribution of €25,000) because it failed to meet the statutory requirements of Section 48(2)(c) of the Planning and Development Act 2000, specifically by failing to define the works, the basis for calculation, or the expenditure involved within the planning decision.

Decision Maker's Conclusion

  • Condition No. 7 as worded does not comply with Section 48(12) of the Planning and Development Act 2000 or Section 7.12 of the Development Management Guidelines as it lacks specificity regarding works and costs.
  • The Planning Authority failed to provide a transparent basis for the €25,000 calculation or identify how the sum was apportioned to the specific development in the original decision.
  • While the Council provided additional details during the appeal process regarding a 90m footpath, the Inspector determined this information should have been included in the initial condition and decision to be legally valid.

Cited Policies (CDP)

Seven Strategic Towns Local Area Plan 2018-2024Policy GEN-ED-2Policy GEN-ED-5Donegal County Council Development Contribution Scheme 2016-2021 Section 3.2Map 7 (Killybegs Zoning)

Decision Document Summary

The applicant, John McGuinness, sought permission for a large-scale expansion of a seafood facility on Conlin Road, Killybegs. The development includes a cold store, intake building, conveyor links, and extensions to existing production areas on a 0.96ha site zoned for 'Established Economic Development'. Donegal County Council granted permission but included a condition (No. 7) requiring a €25,000 special contribution toward a footpath. The first-party appeal focused solely on this condition, ar...
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