Core Planning Reasoning
The appeal was against the application of financial contribution conditions; the Inspector found that the Planning Authority miscalculated the additional floor area and failed to apply relevant exemptions for ancillary plant rooms, leading to a recommendation to reduce the required payments based on a corrected floor area of 42m².
Decision Maker's Conclusion
- The Planning Authority's calculation for Condition 3 was based on an incorrect site area (0.1561ha) rather than the net additional development area of 42m² as required by the Section 49 scheme.
- The planning authority failed to apply relevant exemptions for ancillary plant rooms (specifically a 16m² area) when calculating contributions under conditions 4 through 8.
- The total additional floor area to which the contribution schemes correctly apply is 42m², and the financial conditions should be amended to reflect this reduced calculation.
Cited Policies (CDP)
Dun Laoghaire Rathdown County Development Plan 2016-2022Section 49 Supplementary Development Contribution Scheme (January 2003)Section 48 Development Contribution Scheme (December 2015)Sandyford Urban Area Framework Plan development contribution scheme (December 2015)
Decision Document Summary
The case involves a first-party appeal by Sandyford Meats Limited against six financial contribution conditions (3, 4, 5, 6, 7, and 8) imposed by Dun Laoghaire Rathdown County Council for the retention of an extension to an industrial building in Sandyford Business Park. The development includes a side extension, increased internal floor area at the first floor, and the amalgamation of two units. The primary point of contention was the Planning Authority's calculation of the 'net additional deve...SOURCE PDFOpen Original
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