Core Planning Reasoning
The Inspector recommended retaining Condition 24 (financial contribution) because the Fingal County Council Development Contribution Scheme 2021-2025 was correctly applied, and there is no provision within the scheme to offset the cost of necessary infrastructure provided as part of the development against the required general levy.
Decision Maker's Conclusion
- The Fingal County Council Development Contribution Scheme 2021-2025 is the applicable operative scheme and was properly interpreted and applied by the Planning Authority.
- The junction upgrades and road works at Kilshane Cross are demonstrated as necessary infrastructure to ensure the local road network can accommodate the scale of the proposed development.
- The Development Contribution Scheme contains no mechanism or provision to allow for an offset of specific infrastructure costs against the general financial contribution requirement, rendering the requested rebate inappropriate.
Cited Policies (CDP)
Zoning Objective WD - Warehousing and DistributionLocal Objective 75Section 7.1 Road Construction and Improvement MeasuresTable 12.7
Decision Document Summary
The proposal involves the construction of 4 large warehouses totaling 54,763sqm GFA on a 14.06ha greenfield site at Kilshane Cross, Co. Dublin, zoned for 'Warehousing and Distribution'. The applicant appealed Condition No. 24, which required a financial contribution of €3,757,580, seeking to offset €2,751,080 for road and junction upgrades they are required to undertake. The applicant argued that these works constitute 'double charging' as the junction was previously listed in the 2016-2020 cont...SOURCE PDFOpen Original
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