23/4159
Permission for the following, (i) demolition of 1 no. existing modular building, (ii) relocation of 2 no. existing modular buildings, (iii) partial demolition of the eastern and southern façade of the existing production building, (iv) construction of a single bay, two storey extension to the existing production building for industrial use along the eastern side complete with new signage to the eastern and southern facades, (v) erection of 2 no. two storey modular buildings for office and welfare use and (vi) all associated site works at their existing production facility. The development is covered by an existing Industrial Emissions Directive License number P1046-01. A Natura Impact Statement (NIS) will be submitted to the Planning Authority with this application. The Natura Impact Statement will be available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the offices of the Planning Authority.
Core Planning Reasoning
The Inspector recommended the omission of the Special Contribution (Condition 21) as it was not specific or exceptional to the development. Conversely, the Inspector recommended amending and increasing the General (Condition 22) and Supplementary (Condition 23) contributions, concluding that the Planning Authority incorrectly applied a 33% reduction for temporary structures that is not permitted under the statutory terms of the adopted Cork County Council Development Contribution Scheme.
Decision Maker's Conclusion
- Condition No. 21 (Special Contribution of €57,983) should be omitted as the upgrade of the Cobh Cross Junction serves a wide area and the costs are not specific or exceptional to this particular development as required by Section 48(2)(c).
- The Planning Authority incorrectly applied a 33% reduction/offset to the General and Supplementary contributions for temporary modular buildings; the adopted Development Contribution Scheme makes no statutory provision for such a reduction.
- Conditions No. 22 and 23 must be amended to reflect the full rates required by the statutory scheme, resulting in increased financial contributions of €37,602.80 and €124,908.00 respectively.