23/4015

The construction of a residential development of 20 no. apartments including: i) the partial demolition of the single storey over basement extension to the existing brewery building fronting onto Watergate Street and demolition of the existing two storey extensions, boiler house, portacabin, storage container and ancillary structures to the rear and : ii) the change of use, partial demolition, refurbishment and extension to the existing brewery building including the construction of replacement three storey extension fronting onto Watergate Street and 2 no. three storey extensions to the rear of the building to provide for 13 no. 2 bedroom and 7 no. 1 bedroom units, iii) the development also includes the provision of vehicular and pedestrian access via the upgrading of the existing entrance from Watergate street and all ancillary site works including bicycle and car parking, bin storage, landscaping and boundary treatments.

Granted

Core Planning Reasoning

The Inspector recommended the removal of Condition No. 63 (Special Development Contribution), concluding that the Planning Authority failed to specify the nature, scope, or expenditure of the works required, and that car parking is already covered under the General Development Contribution Scheme.

Decision Maker's Conclusion

  • The 'special contribution' fails to meet the essential requirements of Section 48(2)(c) of the Act because the Planning Authority did not provide a costed design or specific details regarding the nature/scope of the car parking works.
  • The levy represents 'double-charging' as car parking infrastructure is already included in the capital programme of the General Development Contribution Scheme 2023-2029.
  • The development qualifies for relaxed parking standards under the Development Plan as it involves the re-use/refurbishment of a vacant historic structure on a brownfield site within 3-4 minutes walk of the town centre.

Cited Policies (CDP)

Section 12.12.13Table 12.6Objective ZU 18-9Objective BD GA-02Section 1.9 (Special Development Contributions)General Contribution Scheme 2023-2029Supplementary Development Contribution Scheme 2023-2029

Decision Document Summary

The application relates to the construction of 20 apartments (19 permitted) at the Old Brewery complex, Watergate Street, Bandon, Co. Cork. The site is a National Monument located within an Architectural Conservation Area and involves the partial demolition and extension of historic structures. The core of the appeal was a First Party challenge against Condition No. 63, a special contribution of €21,000 for a perceived shortfall of 4 car parking spaces. The Inspector found that the Planning Auth...
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