Core Planning Reasoning
The primary recommendation involves omitting Condition No. 20 as it is a duplicate of Condition No. 32 and amending Condition No. 32 to reflect a reduced financial contribution calculated based on the approved 40 dwellings rather than the original 49 dwellings.
Decision Maker's Conclusion
- Condition No. 20 is a duplicate of Condition No. 32 and should be omitted to avoid the applicant being levied twice for the same open space provision issue.
- The financial contribution for the open space shortfall was incorrectly calculated by the Planning Authority based on 49 units instead of the approved 40 units.
- The inspector determined that while a shortfall in open space still exists relative to the development plan standards, the contribution sum should be reduced from €137,211.44 to €88,112.50 to correctly align with the 40-unit scheme.
Cited Policies (CDP)
Fingal Development Plan 2023 - 2029Objective DMSO52Objective DMSO53Table 14.12Section 9, Note 5 of Fingal County Development Contribution Scheme 2021-2025Section 11 of the Development Contribution Scheme
Decision Document Summary
The Inspector's Report concerns a Section 48 appeal for a residential development at Park Road, Rush, Co. Dublin, on a 1.56 Ha site zoned 'RA - Residential Development'. The applicant originally proposed 49 dwellings but reduced this to 40 units following a request for further information. The Planning Authority granted permission subject to conditions, including two separate conditions (No. 20 and No. 32) requiring financial contributions in lieu of open space provision. The first-party appeal ...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.