Core Planning Reasoning
The appeal was a First Party appeal against Condition 22 regarding a financial contribution; the Inspector recommended granting permission but amending the condition to reflect a revised calculation of €201,825 in lieu of public open space provision.
Decision Maker's Conclusion
- The Inspector concluded that the applicant failed to provide any suitable or usable public open space on-site, as the designated areas consisted of narrow green verges, commercial seating areas, or inaccessible strips behind infrastructure.
- A 10% public open space requirement is deemed appropriate for this brownfield infill site, rather than the 15% standard applied by the Planning Authority, in accordance with the Sustainable Residential Development in Urban Areas Guidelines and Compact Settlement Guidelines.
- Condition No. 22 should be amended to require a contribution of €201,825, calculated based on 10% of the original site area (0.2691ha) at the rate of €7,500,000 per hectare as per the Development Contribution Scheme.
Cited Policies (CDP)
Section 12.8.3Section 12.8.3.1Table 12.8Section 12.8.8
Decision Document Summary
The proposed development at The Orchard, Stillorgan, involves the demolition of an existing public house and the construction of two apartment blocks (41 units) and a ground-floor retail/restaurant unit. The appeal is a First Party appeal solely against Condition 22, which mandated a financial contribution in lieu of public open space. The Inspector argued that the proposed on-site open space did not meet the criteria for being publicly accessible or usable under Section 12.8.3.1 of the County D...SOURCE PDFOpen Original
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