Core Planning Reasoning
The Inspector recommended that the financial contribution conditions be amended and reduced because the proposed buildings are agricultural in nature and thus exempt under the Development Contribution Scheme, while the outdoor sales area does not constitute floor space for levy purposes.
Decision Maker's Conclusion
- The proposed polytunnels, greenhouse, and potting shed are agricultural buildings as defined by the Planning and Development Act 2000 and are therefore exempt from development contributions under the local scheme.
- The outdoor sales area is an open area with no built elements and should not be subject to commercial contributions typically based on gross floor area.
- Development contributions are only correctly applicable to the 12 surface car parking spaces, resulting in a revised total calculation of €4,067.64.
Cited Policies (CDP)
Dún Laoghaire Rathdown Development Plan 2022-2028 Objective GDún Laoghaire Rathdown Development Plan 2022-2028 Objective BDevelopment Contribution Scheme 2023-2028 Section 1.1.3Development Contribution Scheme 2023-2028 Article 4Development Contribution Scheme 2023-2028 Section 5.3Development Contribution Scheme 2023-2028 Article 7.1 (xi)Development Contribution Scheme 2023-2028 Article 7.1 (xiii)
Decision Document Summary
The proposal involves the relocation of Mount Venus Nursery to a 2.3-hectare rural site in Rathfarnham, including the construction of a potting shed, three polytunnels, and a greenhouse. The planning authority granted permission but imposed development contributions exceeding €142,000 across three conditions (11, 12, and 13). The applicant appealed, arguing that the buildings are agricultural and the outdoor sales area was levied in error. The Inspector agreed, noting that the Planning and Devel...SOURCE PDFOpen Original
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