WEB2313/24

development will consist of alternations to previously permitted development permission ref. 5059/23 to comprise of flat roof extension to rear of second floor level and alterations to previously permitted 2nd floor layout to provide 2 additional ensuite guest bedrooms to 2nd floor, increasing 2nd floor bedrooms from 6 bedrooms to 8 bedrooms (total of 15 no. Bedrooms in overall development), to include all associated material internal and external alterations to facilitate works as indicated on drawings.

Granted

Core Planning Reasoning

The Inspector recommended the Planning Authority be directed to amend Condition No. 2 to reduce the financial contribution, as the authority incorrectly charged for existing floor area undergoing a change of use that is exempt under Section 10 of the Development Contribution Scheme.

Decision Maker's Conclusion

  • The change of use of the existing 102.9sqm internal floor area from bar/storage to guest accommodation is a commercial-to-commercial transition exempt from development contributions under the Dublin City Council Development Contribution Scheme 2023-2026.
  • The Planning Authority miscalculated the levy by combining the existing altered floor area with the new extension area, rather than charging only for the net additional floor space.
  • Accounting for the omission of Bedroom 08 required by Condition No. 3, the net chargeable extension area is 44sqm, which at the rate of €118.60 per square metre results in a corrected contribution of €5,218.40.

Cited Policies (CDP)

Objective Z3Policy CEE28 Visitor AccommodationSection 15.2.5 Development ContributionsSection 15.14.2 Bed and Breakfast / GuesthousesSection 15.14.3 Short Term Tourist Rental AccommodationAppendix 15 Land use definitions

Decision Document Summary

The applicant sought alterations to a previous permission at 'The Headline Bar' (a corner building at 57 Clanbrassil Street Lower) to include a second-floor extension and increase the total guest bedrooms to 15. Dublin City Council granted permission subject to a contribution of €17,422.34 (Condition 2) and a requirement to omit Bedroom 08 to provide a 3.3m setback (Condition 3). The first-party appeal contested only the financial contribution, arguing the Council incorrectly included existing f...
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