Core Planning Reasoning
The Inspector recommended that Condition No. 8 be retained as written, concluding that the Planning Authority correctly applied the Fingal Development Contribution Scheme 2021 – 2025 by including the attic conversion in the levy calculation, as it did not previously constitute habitable floor space.
Decision Maker's Conclusion
- The Planning Authority correctly calculated the levy based on a total floor area of 281 sq m, minus 40 sq m for exempted development, resulting in a taxable area of 241 sq m.
- The applicant's argument for exempting the attic space was rejected because the existing attic had insufficient ceiling height (2.24m) to be considered habitable floor space and lacked proper residential access.
- The conversion of the attic space into habitable floor area requires significant structural works and the raising of the roof ridge, meaning it should not be excluded from the development contribution calculations.
Cited Policies (CDP)
Fingal Development Plan 2017 – 2023Zoning ‘RS’ ResidentialFingal Development Contribution Scheme 2021 – 2025Section 48(10)(b) of the Planning and Development Act 2000 as amended
Decision Document Summary
The proposed development consists of extensive alterations and a split-level extension to an existing detached single-storey house at 20 Carrickbrack Heath, Sutton. While Fingal County Council granted permission, the applicant appealed Condition No. 8, which required a financial contribution of €25,657. The applicant contended that the levied area should be reduced by 81.55 sq m, arguing that the attic space was existing floor area. The Inspector's assessment focused solely on the application of...SOURCE PDFOpen Original
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