Core Planning Reasoning
The Inspector recommends that the planning authority's decision to attach Condition No. 2 be upheld, as the Section 48 Development Contribution was correctly calculated and applied in accordance with the Dublin City Council Development Contribution Scheme 2023-2026.
Decision Maker's Conclusion
- The 50% reduction for a change of use from commercial to residential was correctly applied by the Planning Authority under Section 11 of the contribution scheme.
- The appellant's reliance on S.I. No. 75/2022 (Exempted Development) is not valid as the applicant sought full planning permission and failed to demonstrate compliance with the mandatory vacancy criteria.
- The terms of the Section 48 Development Contribution Scheme were properly applied in respect of Condition No. 2, and the levy is a reasonable requirement for public infrastructure benefitting the area.
Cited Policies (CDP)
Section 15.2.5 of the Dublin City Development Plan 2022-2028Zoning Z2 'Residential Neighbourhoods – Conservation Areas'Section 10 of the Section 48 Development Contribution Scheme 2023-2026Section 11 of the Section 48 Development Contribution Scheme 2023-2026
Decision Document Summary
This is a First Party appeal against Condition No. 2 of a grant of permission for the change of use of a two-storey red-brick Georgian terrace from a commercial office back to a domestic dwelling at 264 Merrion Road, Dublin 4. The site is zoned Z2 'Residential Neighbourhoods – Conservation Areas'. The appellant sought the removal of the €5,149.79 development contribution, arguing the house was originally residential and citing the applicant's age and recent changes to exempted development regula...SOURCE PDFOpen Original
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