Core Planning Reasoning
The inspector recommended the omission of Condition No. 8 regarding a section 48 financial contribution, concluding that the proposed 'garden room' qualifies as a garden shed/garage which is specifically exempt from such levies under the Fingal County Council Development Contribution Scheme.
Decision Maker's Conclusion
- The proposed development functions as a garden shed or garage intended for use incidental to the enjoyment of the main house and contains no habitable accommodation.
- The structure falls squarely within the exemptions listed in Section 11(i)(s) of the adopted contribution scheme for garages and garden sheds.
- Even if classified as a domestic extension, the floor area of 23.9sqm is below the 40sqm threshold for exemption under Section 11(i)(a) of the same scheme.
Cited Policies (CDP)
Fingal County Development Plan 2017-2023Objective RSSection 48 of the Planning and Development ActDevelopment Contribution Scheme 2021 to 2025Section 9a) of the schemeSection 11(i)(a)Section 11(i)(s)
Decision Document Summary
The proposal involves the construction of a single-storey 'garden room' and extension to an existing shed (totaling 23.9sqm) at a suburban semi-detached residence at 75 Littlepace Drive, Dublin. The primary issue under appeal is a First Party challenge against Condition No. 8, which required a financial contribution of €2,544. The Planning Authority argued the levy was required under the section 48 scheme, whereas the applicant contended the development was exempt. The Inspector's assessment con...SOURCE PDFOpen Original
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