22/5800
(1) Demolition of existing filling station and construction of a new filling station comprising convenience retail store with a net retail floor area of 161.5m2. with an off licence for the sale of alcohol for consumption off the premises, and drive-thru restaurant incorporating seating and back of house area, 8 no. fuel pumps, canopy, car wash, outdoor seating area, and ancillary external bin storage; (2) demolition of existing CVRT centre and vehicle servicing building and partial demolition of existing car sales showroom and construction of a combined car sales showroom, vehicle servicing and CVRT centre in a single building, with associated new and used car sales display area; (3) modifications to existing entrances at both the Glasslyn road and the N71/ Bandon relief road to include decommissioning of 1 no. entrance and widening of 2 no. entrances; (4) revisions to the internal site layout to include new movement arrangements, provision of car parking, motorbike parking, and bicycle parking, rearrangement of existing signage and construction of new signage; (5) construction of new bulk fuel fill points to the existing below ground fuel storage tanks and all other associated over ground and underground fuel infrastructure works; (6) construction of a backup generator compound and an ESB substation and installation of rooftop solar panels on the filling station and car sales showroom/ vehicle servicing/ CVRT building; and (7) all associated drainage, site boundary, water services, lighting, site and development works.
Core Planning Reasoning
This was a first-party appeal against financial contribution conditions (Section 48). The Inspector found that Condition 40 (Special Contribution) was not justified as the infrastructure was not exceptional or site-specific, while Condition 41 (General Contribution) required amendment because the Planning Authority misapplied land-use rates and incorrectly allowed for a demolition offset not supported by the local scheme.
Decision Maker's Conclusion
- Condition No. 40 should be omitted as the pedestrian crossing is a typical urban facility that benefits the entire town rather than being specific to the development, and the Planning Authority failed to provide a detailed cost breakdown.
- The Planning Authority misapplied the terms of the Development Contribution Scheme by incorrectly categorizing the vehicle services/CVRT facility as 'offices and retail' instead of 'other non-residential uses'.
- Condition No. 41 must be increased to €127,301.87 because the Cork County Council Adopted Development Contribution Scheme 2004 does not contain provisions to offset or reduce contributions based on the demolition of existing buildings.