Core Planning Reasoning
The Inspector recommended the deletion of Condition 6 (financial contribution) because the 19.83 sq.m development qualifies for the cumulative 40 sq.m exemption for domestic extensions under Section 11(a) of the Fingal County Council Development Contribution Scheme.
Decision Maker's Conclusion
- The subject garden room/shed is appropriately classified as a 'domestic extension' and, at 19.83 sq.m, falls significantly below the 40 sq.m threshold for exemption defined in Section 11(a) of the Development Contribution Scheme.
- The 1.25 retention rate multiplier only applies to development floor area that is in excess of the exemptions provided for in Section 11 of the Scheme.
- As the development does not exceed the 40 sq.m exemption, no financial contribution is applicable, and the Planning Authority erred in its application of the scheme.
Cited Policies (CDP)
Section 48 Planning and Development Act 2000 (as amended)Section 48(10)(b) Planning and Development Act 2000Fingal County Council Development Contribution Scheme 2021-2025Section 9(a) Level of ContributionSection 10 Retention PermissionsSection 11(a) Domestic Extensions ExemptionSection 11(s) Garages and Garden Sheds
Decision Document Summary
This Inspector's Report concerns a first-party appeal specifically against Condition 6 of a planning grant for the retention of a garden room at 23 The Avenue, Robswall, Malahide. The development consists of a 19.83 sq.m timber-clad structure used as a garden room and shed. Fingal County Council granted retention permission but imposed a financial contribution of €2,435. The appellant argued that under the Fingal County Council Development Contribution Scheme, domestic extensions up to 40 sq.m a...SOURCE PDFOpen Original
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