2329/21
The proposed development comprises, Permission for amendments to Dublin City Council, Planning Reg Ref: 2509/20. The amendments comprise a new single storey entrance porch to front (north) of dwelling, change of 2 No Velux roof lights to new box dormer to side (east) roof hip, increase in height of low level section of hip roof (not main roof) to side (west hip) of dwelling by 250mm with a new east facing box dormer to same section of roof to create additional storage space within the roof structure, and minor internal alterations to first floor plan and all ancillary works.
Core Planning Reasoning
The appeal was a first-party appeal under Section 48 against a financial contribution condition. The Inspector recommended that the Planning Authority be directed to reduce the contribution amount, as it should only apply to the additional floor area permitted under the current amendment application (19.6 sq. m) rather than the cumulative total of previous permissions.
Decision Maker's Conclusion
- The Inspector concluded that an application for amendments should only be assessed for development contributions based on the additional floor area arising from those changes, not the entire extant permission.
- It was determined that the Planning Authority cannot retrospectively 'claw back' contributions for a previous permission (Ref. 2509/20) where a contribution condition was not originally attached.
- The appropriate additional floor area for the current application was calculated at 19.6 sq. m, resulting in a revised financial contribution of €1,805.16 at the standard residential rate of €92.10 per sq. m.