Core Planning Reasoning
The Inspector recommended that conditions regarding Section 48 and Section 49 development contributions be amended because the Planning Authority incorrectly applied the terms of the schemes by overestimating the relevant floor area and using a higher rate classification than was warranted for the proposed small-scale neighborhood office use.
Decision Maker's Conclusion
- The relevant floor area for calculating contributions should be reduced from 219 sq.m. to 130 sq.m., representing the exclusive office area and excluding shared communal spaces with the existing public house.
- The nature of the proposed development is most appropriately classified as 'other non-residential' under the contribution schemes rather than the 'office and retail' category used by the Planning Authority.
- The Section 48 and Section 49 contribution amounts should be significantly reduced to €728.33 and €3,016 respectively to align with a transparent and correct application of the adopted schemes' rates.
Cited Policies (CDP)
Section 19.7.13 of the Cork County Development Plan 2022-2028Section 48 of the Planning and Development Act 2000 (as amended)Section 49 of the Planning and Development Act 2000 (as amended)Cork County Council S.48 and S.49 Development Contribution Scheme 2004
Decision Document Summary
The proposal involves the change of use of a portion of the Ballynoe Inn, a two-storey public house in Cobh, from bar/restaurant use to professional offices and services. The appeal was brought by the first party specifically against financial contribution conditions totaling over €13,000. The Inspector analyzed the site context within a suburban neighborhood center and the specific floor layout, noting that many areas (stairwells, kitchens, toilets) remain shared with the existing pub. The key ...SOURCE PDFOpen Original
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