Core Planning Reasoning
The appeal concerned a Section 48 first-party challenge against Condition 12 regarding financial contributions for a shortfall in public open space. The Inspector determined that while a shortfall existed, the Planning Authority's calculation was based on a subjective 50% quality assessment rather than the specific terms of the Development Contribution Scheme, leading to a recommendation to reduce the levy to €105,000.
Decision Maker's Conclusion
- The Planning Authority incorrectly applied the Development Contribution Scheme by basing the €225,000 levy on a subjective '50% acceptable' assessment of quality that lacked a clear policy basis.
- A detailed audit of the site layout confirmed that while narrow linear strips and truck turning areas are not valid public open space, the southern area of 460 sqm meets the required standards for accessibility and usability.
- The financial contribution should be recalculated to €105,000, representing the actual shortfall of 140 sqm (0.014 hectares) based on a 15% requirement of the developable site area.
Cited Policies (CDP)
Zoning Objective ASection 9.2.1.4Policy Objective OSR4Chapter 12 Development ManagementSection 12.8.2Table 12.7Section 12.8.3Table 12.9Section 12.8.5Section 12.8.5.1Section 12.8.5.3DLR Development Contribution Scheme 2023-2028 (Article 6)
Decision Document Summary
The proposal involves the demolition of an existing bungalow and the construction of 25 residential units (apartments, townhouses, and duplexes) at The Poplars, Shankill, Dublin 18. The site context is defined by its proximity to a protected structure (Aubrey House) and the requirement for a 299 sqm biodiversity exclusion zone for bat foraging at the northern boundary. The central issue of the report is a first-party appeal against a €225,000 financial contribution condition imposed in lieu of p...SOURCE PDFOpen Original
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