24/5568
Permission for the construction of a development consisting of 22 no. residential units and all ancillary site development works. The proposed development includes the construction of 18 no. dwelling houses comprising 8 no. 4 bedroom semi-detached dwelling houses, 6 no. 3 bedroom semi-detached /townhouse units and 4 no. 2 bedroom townhouse units. The proposed development also consists of the construction of 2 no. 2 storey apartment buildings containing 4 no. 2 bedroom apartments/maisonette units. Vehicular and pedestrian access to the proposed development be provided via the existing estate entrance from Convent Hill (L-2011) and internal road network of Castleheights residential development with pedestrian access also to be provided via an existing pedestrian entrance from the Dunmanway road (R586) to the south. Ancillary site works to include the removal of an existing temporary container structure at the site
Core Planning Reasoning
The Inspector recommended that Condition 52 be removed as the Planning Authority failed to demonstrate that the required works were specific or exceptional to the development, and that the levy would constitute double-charging under the General Development Contribution Scheme.
Decision Maker's Conclusion
- The Planning Authority failed to adequately define the nature and scope of the works relative to the proposed development to justify the special contribution under Section 48(2)(c) of the Act.
- The proposed roundabout at Sean Hales Place is intended to address a wider, town-wide traffic congestion issue rather than a specific requirement necessitated by this 20-unit housing scheme.
- The infrastructure works described in the condition are already accounted for in the general 'roads and traffic management' category of the Council's adopted Development Contribution Scheme, meaning the special levy would represent double-charging.