23/6118

The development will consist of the construction of a new storage shed and an external paved yard to facilitate the importation, storage and processing of road planings with an application site of c. 1.0 hectares. The development will comprise- Construction of an external yard comprising a reinforced concrete ground bearing slab (c.2032m2) to store and process imported road planings. Construction of a portal frame storage shed (c.2053m2) to store processed road planings. Installation of sub-surface drainage to collect surface water run-off which will discharge via a silt trap and hydrocarbon interceptor to the adjoining quarry floor (and to the ground thereafter).

Granted

Core Planning Reasoning

The Inspector recommends the removal of Condition 17 (Special Development Contribution) because the proposed N25/L7648 junction upgrade works provide a widespread public benefit rather than being specific and exceptional costs solely attributable to the proposed development under Section 48(2)(c).

Decision Maker's Conclusion

  • The Planning Authority adequately specified the nature and scope of the proposed junction works and provided a clear basis for the cost calculation of €515,000.
  • The proposed design upgrade, including the relocation of residential access points and provision of acceleration/deceleration lanes, would benefit all road users and the wider area rather than specifically benefiting the proposed storage facility.
  • The costs do not represent 'exceptional' costs within the meaning of Section 48(2)(c) and would be more properly reflected in a revision to the general development contribution scheme or a separate scheme under Section 48 or 49.

Cited Policies (CDP)

Cork County Council Adopted Development Contribution Scheme (2004)Section 7.12 of the Development Management Guidelines for Planning Authorities (2007)Development Contributions Guidelines for Planning Authorities (2013)Section 48(2)(c) of the Planning and Development Act 2000, as amendedSection 48(12) of the Planning and Development Act 2000, as amended

Decision Document Summary

The proposal involves the construction of a 2,053sqm storage shed and paved yard at Milebush Quarry, Midleton, to facilitate the processing of road planings. While Cork County Council granted permission, they attached a condition requiring a special contribution of €515,000 for upgrades to the N25/L7648 junction. The applicant appealed this, arguing that the traffic increase was inconsequential and the levy was unjustified. The Inspector found that while the junction is technically suboptimal, t...
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