Core Planning Reasoning
The appeal was a first-party challenge to Condition 28 (financial contribution in lieu of open space); the Inspector found that while a shortfall in open space provision existed, the Planning Authority had miscalculated the financial levy and failed to properly apply the terms of the Development Contribution Scheme.
Decision Maker's Conclusion
- The Inspector confirmed that a shortfall of 200sqm of Class 1 public open space exists when comparing the total requirement (7,562.5sqm) against the actual provision (7,362.5sqm).
- It was determined that the Planning Authority did not properly apply the calculation methodology set out in Note 5 of the Development Contribution Scheme 2021-2025.
- The Inspector recommended that Condition 28 be amended to reflect the correct calculation, reducing the required financial contribution from €11,739 to €1,618.
Cited Policies (CDP)
Objective DMS57Objective DMS57AObjective DMS57BObjective DMS73Objective DMS62Table 12.5Section 12.7
Decision Document Summary
The development comprises 93 dwellings (revised from 84) on a 3.5ha site at Rathmore Road and Lusk North Park, Lusk, Co. Dublin. The appeal focused solely on a condition requiring a financial contribution of €11,739 for a 0.02ha shortfall in public open space. The Inspector analyzed the provision of Class 1 and Class 2 open space against the Fingal County Development Plan 2017-2023. While the 10% site area requirement was met (10.2%), a quantitative shortfall of 200sqm remained relative to popul...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.