22/5038

A new site entrance from regional road R618, and access road into the property, primarily to accommodate heavy goods vehicles accessing Carhoo Quary and the permitted soil recovery site. The installation and use of a mobile wheel wash. The new entrance will require removal of roadside trees and shrubs to provide adequate sight lines: the erection of a 1.8m high security fence and gate, the planting of screen hedging and erection of signage.

Granted

Core Planning Reasoning

The inspector recommended the removal of Condition 10 because the proposed road resurfacing works do not constitute 'specific exceptional costs' under Section 48(2)(c) of the Act, as they are standard road works already provided for within the General Development Contribution Scheme.

Decision Maker's Conclusion

  • The proposed works are public infrastructure that would benefit the development, but they are categorized as standard road works rather than specific exceptional costs.
  • The works reasonably fall within the General Development Contribution Scheme (DCS) which covers 'Water, Sewerage, Roads and Amenities', making a special contribution under Section 48(2)(c) inappropriate.
  • The Planning Authority should be directed to remove Condition 10 as the basis for the special contribution is not supported by the criteria for exceptional costs not covered by a general scheme.

Cited Policies (CDP)

Section 19.7.13 of the Cork County Development Plan 2022-2028Cork County Council Development Contribution Scheme 2004Section 48 of the Planning and Development Act 2000 (as amended)Section 48(2)(c)Section 48(12)Section 48(13)(a)Section 48(17)

Decision Document Summary

The application relates to the construction of a new site entrance from the R618 regional road and an access road into a property in Coolnagearagh, Co. Cork, intended to segregate HGV traffic serving an existing quarry from passenger vehicles. Cork County Council granted permission subject to 15 conditions, including Condition 10, which mandated a €21,000 special development contribution for road resurfacing. The applicant appealed this condition, noting they had already paid an identical sum fo...
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