Core Planning Reasoning
This was a First Party appeal against financial contribution conditions (13, 20, 21, and 22) of a grant. The Inspector recommended amending conditions 20, 21, and 22 because the Planning Authority failed to correctly apply exemptions for change of use and replacement dwellings under the Development Contribution Scheme, while recommending that condition 13 regarding public open space contributions be attached.
Decision Maker's Conclusion
- The Planning Authority incorrectly applied the terms of the Development Contribution Scheme 2023-2028 by failing to account for the exemption of 10 office units undergoing a change of use to residential, and a 50% credit for a demolished dwelling.
- The levies for surface water, transport, and community infrastructure should be reduced to reflect a net increase of 15.5 units rather than 24.5 units.
- Condition 13 requiring a financial contribution in lieu of public open space is appropriate as the provided on-site space is communal only and does not satisfy the 15% public open space requirement for the site area.
Cited Policies (CDP)
Zoning Objective ATable 12.7Table 12.8Section 12.8.3.1Section 12.8.3.2Section 12.8.8Article 4 of Development Contribution SchemeArticle 6 of Development Contribution SchemeArticle 7.1 xivArticle 7.2 i
Decision Document Summary
The proposal involves the construction of 4 residential apartment blocks ranging from 2 to 4 storeys, delivering 26 units at 46A-49 Patrick Street and Rogan's Court, Dún Laoghaire. The project includes the demolition of some existing structures and the refurbishment/change of use of others. The site is a constrained 0.2ha infill location with a history of previous refusals. The appeal centered on Section 48 financial contributions. The Inspector found that the Planning Authority had double-count...SOURCE PDFOpen Original
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