Core Refusal Reason
The application for retention is primarily intended to avoid or reduce financial contribution liabilities established under the parent permission (D09A/0131). Granting permission would consolidate an unauthorized form of development resulting from the failure to comply with financial conditions 7, 8, 9, and 12 of the original grant.
Decision Maker's Conclusion
- The development, while built in accordance with approved drawings, is considered unauthorized because the financial contributions required by conditions of the parent permission (D09A/0131) have not been fully discharged.
- The Board is not empowered to use a retention application to retrospectively alter or waive correctly applied development contributions that were not appealed at the time of the original grant.
- Granting retention would materially contravene Condition 12 of the parent permission and would result in the consolidation of unauthorized development, which is contrary to the proper planning and sustainable development of the area.
Cited Policies (CDP)
Objective A ZoningDun Laoghaire-Rathdown County Development Plan 2022-2028Development Contribution Scheme 2023-2028Section 48 of the Planning and Development Act 2000 (as amended)Section 49 Supplementary Development Contribution Scheme (Glenamuck District Distributor Road Scheme and Surface Water Attenuation Ponds Scheme)
Decision Document Summary
The proposal seeks retention permission for an existing 155sqm semi-detached dormer dwelling at 8B Wayside Cottages, Kilternan. The site is zoned 'Objective A' to protect and provide for residential amenity. While the house was originally authorized under D09A/0131, the applicant (the daughter of the original developer) seeks retention to qualify for a Section 49 waiver or a more favorable contribution rate under current schemes. The Inspector notes that while the physical structure is acceptabl...SOURCE PDFOpen Original
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