SD21A/0236

Amalgamation of units F2 and F3 (with connecting doors at ground and first floor levels) and its use for warehouse and distribution with ancillary trade counter and showroom at ground and first floor levels; Retention of offices at second floor level which are ancillary to the overall warehouse operation; Retention of all signage and external illumination of the signage.

Granted

Core Planning Reasoning

The Inspector recommended that Condition No. 4 be maintained because the South Dublin County Council Development Contribution Scheme 2021-2025 was correctly applied; specifically, the applicant failed to provide evidence of prior development contribution payments to qualify for a 'change of use' exemption, and the scheme explicitly prohibits reductions for retention permissions.

Decision Maker's Conclusion

  • The Planning Authority correctly calculated the financial contribution of €99,947.67 based on the 1,097sqm floor area at the industrial/commercial rate of €91.11 per square meter set out in the 2021-2025 Scheme.
  • Neither the appellant nor the Planning Authority could produce evidence of previous financial contributions paid for the site, which is a mandatory requirement to avail of exemptions for 'change of use' under Subsection (xxvi) of the Scheme.
  • The inclusion of a retention element for second-floor offices and signage precludes any reduction in the contribution, as Section 13 of the Scheme states that no reductions in whole or in part shall apply to permissions for retention of development.

Cited Policies (CDP)

South Dublin County Council Development Plan 2016-2022Land Use Objective 'EE'South Dublin County Council Development Contribution Scheme 2021-2025Section 48 of the Planning and Development Act 2000 (as amended)Section 11, Subsection (xix)Section 11, Subsection (xxvi)Section 13 (No reductions for retention)

Decision Document Summary

The application seeks permission for the amalgamation of Units F2 and F3 at Weatherwell Business Park, Clondalkin, for warehouse/distribution use with ancillary showroom and trade counter functions, alongside the retention of second-floor offices and external signage. The appeal is a First Party challenge solely against Condition No. 4, which requires a financial contribution of €99,947.67. The appellant argued that on the 'balance of probability,' contributions would have been paid when the uni...
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