Core Planning Reasoning
The Inspector recommended the removal of Condition No. 23 (financial contribution in lieu of open space) on the basis that the provided 10.4% on-site open space complies with national guidelines, especially given the site's immediate proximity to the high-quality recreational amenities of Malahide Castle and Gardens.
Decision Maker's Conclusion
- The proposed on-site public open space provision of 10.4% of the net site area meets the minimum 10% requirement established by the Sustainable Residential Development and Compact Settlement Guidelines (2024).
- The site's exceptionally close proximity to Malahide Castle and Gardens (within 350m-500m) justifies the achievement of the lower-range open space provision without requiring a financial levy.
- The terms of the Fingal County Council Development Contribution Scheme 2021-2025 regarding open space shortfalls were not properly applied in this instance, and Condition 23 should be removed.
Cited Policies (CDP)
Objective DMSO51Objective DMSO52Table 14.12Objective DMSO53Objective DMSO57Table 14.11Objective CIOSO38Objective DAO11Objective DMSO158Objective DMSO211Objective IUO27
Decision Document Summary
This report concerns a first-party appeal against a specific financial contribution condition (Condition 23) attached to a grant of permission for 83 houses and a childcare facility on a 3.14ha site at Back Road, Malahide. The Planning Authority had sought €269,962.63 based on a calculated shortfall of 4600 sqm of open space using population-based metrics from the Fingal Development Plan. The Inspector's assessment focused on the conflict between the local development plan and the 2024 Sustainab...SOURCE PDFOpen Original
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