Core Planning Reasoning
The Inspector recommended the removal of financial contribution conditions (19 and 31) on the basis that condition 19 was a clerical duplicate and that the proposed on-site public open space (15.3% of net site area) fulfilled the 10-15% requirement set out in national guidelines, rendering a levy for a perceived shortfall unwarranted.
Decision Maker's Conclusion
- Condition No. 19 is a duplicate of Condition No. 31 and should be removed, as acknowledged by the Planning Authority in their submission.
- The proposed development provides 15.3% of the net site area as public open space, which exceeds the 10-15% target specified in Policy Objective 5.1 of the 2024 Sustainable Residential Development and Compact Settlement Guidelines.
- A financial contribution in lieu of open space is not justified given the sufficiency of on-site provision and the site's immediate adjacency to St. Catherine's Park.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Objective DMSO51Objective DMSO52Objective DMSO53Table 14.12Fingal County Council Development Contribution Scheme 2021-2025Section 48 of the Planning and Development Act 2000
Decision Document Summary
The application seeks permission for 28 houses (a mix of two, three, and four-bed units) on a 0.8-hectare greenfield site at Palmer Road, Rush, Co. Dublin. The site is zoned 'RS - Residential' and lies south of St. Catherine's Park. This first-party appeal specifically concerns two conditions related to financial contributions in lieu of an open space shortfall. The Planning Authority originally sought €50,706.12 based on a shortfall of 864 sqm calculated under local standards. The Inspector arg...SOURCE PDFOpen Original
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