Core Planning Reasoning
The recommendation is to grant the appeal and remove Condition No. 9, as the proposed change of use from office/professional services to a childcare facility does not constitute a 'substantial intensification' of use of the building or service under the terms of the Fingal County Council Development Contribution Scheme 2021-2025.
Decision Maker's Conclusion
- The inspector concluded that the Planning Authority incorrectly applied the terms of the Development Contribution Scheme, as the change of use does not represent a substantial intensification of use relative to the permitted office/professional services use.
- A comparative assessment of opening hours, staff numbers, and traffic requirements indicates that the proposed childcare facility (53 children, 6 staff) does not place significantly more demand on infrastructure than a 250 sq.m office unit.
- As the proposed unit constitutes less than 10% of the total building's gross floor area, it is not considered to intensify the use of the overall building or require new/upgraded infrastructure.
Cited Policies (CDP)
Fingal County Development Plan 2017-2023Fingal County Council Development Contribution Scheme 2021-2025Section 9 (Level of Contribution)Section 11(v) (Exemptions and Reductions)Section 16 (Appeals)LC 'Local Centre' ZoningTable 12.8 (Car Parking Standards)
Decision Document Summary
This report concerns a first-party appeal against a financial contribution condition (€19,173) attached to a permission for a change of use of a ground floor unit (250 sq.m) to a Montessori/creche at Parkside, Mulhuddart. While the Planning Authority argued the use represented a 'substantial intensification' over permitted professional services, the Inspector found the term to be subjective and poorly defined within the local contribution scheme. The Inspector's analysis of operational details—i...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.