SD20A/0331

Change of use of the existing upstairs Club Hall for the operation of a Creche/Montessori for up to 20 children between the hours of 8am to 2pm, Monday to Friday. The facility will meet Tusla requirements for the businesses of this nature, with the operator of the facility offering the ECCWE scheme & the National Childcare Scheme.

Granted

Core Planning Reasoning

The development constitutes a commercial operation as the space will be leased to a third party for profit, meaning it does not qualify for the financial contribution exemption reserved for non-profit voluntary or charitable developments under the Section 48 scheme.

Decision Maker's Conclusion

  • While the applicant (Faughs GAA) is a voluntary sports body, the proposed creche/Montessori is commercial in nature because the space will be leased to a third party for a fee.
  • The exemption criteria for voluntary organisations under Section 11(xii) of the Contribution Scheme do not apply because the facility is not designed or intended to be used mainly for non-profit purposes.
  • The Planning Authority correctly applied the terms of the Section 48 development contribution scheme at the applicable commercial rate of €91.11 per square metre.

Cited Policies (CDP)

South Dublin County Development Plan 2016Zoning Objective OSChapter 3: Community InfrastructurePolicy C8 (a)C8 Objective 4Chapter 11 ImplementationSouth Dublin County Council Development Contribution Scheme 2021-2025

Decision Document Summary

The application concerns the change of use of 136.75 sq.m of the first floor of the Faughs GAA Clubhouse in Templeogue from a function room to a creche/Montessori. Permission was granted by South Dublin County Council subject to a financial contribution of €12,460.20 (Condition 9). The applicant appealed this condition, arguing they are a non-profit voluntary community body and that the income generated would be reinvested into club facilities. The Inspector determined that because the area woul...
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