Core Planning Reasoning
The Planning Authority misapplied the terms of the Development Contribution Scheme by seeking levies based on commercial floor space for a development that contains no buildings or structures, and incorrectly levying for ancillary car parking.
Decision Maker's Conclusion
- The proposed extension to the cemetery does not include any enclosed structures or buildings, and therefore the application of contributions calculated per square metre of industrial/commercial floor space is inappropriate.
- The 157 car parking spaces are ancillary to the main cemetery use and, based on a reasonable interpretation of Section 10(n)(ii) of the scheme, should be exempt from contributions.
- The Planning Authority failed to properly apply the provisions of its Section 48 contribution scheme by attempting to levy the land area of burial plots as if it were commercial floor area.
Cited Policies (CDP)
Area Zoned BDun Laoghaire Rathdown County Development Plan 2022Development Contribution Scheme 2016-2020Section 48(10)(b) of the Planning and Development Act, 2000Section 9 of the Development Contribution SchemeSection 10(n)(ii) of the Development Contribution Scheme
Decision Document Summary
This Inspector's Report relates to a first-party appeal against conditions of a grant of permission for a 7.2-hectare extension to the Kilternan Cemetery Park at Ballycorus Road, Dublin 18. The development comprises burial plots, reflection gardens, a new access bridge over the Loughlinstown River, and 157 car spaces. The appeal specifically challenges three financial contribution conditions (15, 16, and 17) totaling approximately €2.45 million. The Planning Authority calculated these levies by ...SOURCE PDFOpen Original
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