Core Planning Reasoning
The appeal was a first-party challenge against a financial contribution condition (Condition 12). The Inspector recommended that the contribution be maintained but recalculated because the Planning Authority's original assessment included an office outside the site boundary and used an incorrect aggregate floor area for the containers.
Decision Maker's Conclusion
- Storage containers are considered structures/buildings and 'business premises' within the meaning of the planning regulations and are therefore liable for financial contributions under the Section 48 Scheme.
- The Planning Authority's calculation of the levy was flawed as it included a building outside the red line boundary and used an aggregate floor area of 7,920m²; the Inspector recalculated the valid area as 7,577.11m².
- The Inspector rejected the appellant's claim for a 50% reduction under Section 11(n) (commercial car parks) as the development is a container park, not a car park, and confirmed the use of the 1.25 retention multiplier.
Cited Policies (CDP)
Fingal Development Plan 2023-2029Zoning Objective GE (General Enterprise and Employment)Section 48 of the Planning and Development Act 2000 (as amended)Fingal County Council Development Contribution Scheme 2021-2025Section 9 of the Development Contribution SchemeSection 10 of the Development Contribution Scheme (Retention multiplier)Section 11 of the Development Contribution Scheme (Exemptions and reductions)Section 11(n) of the Scheme
Decision Document Summary
This report evaluates a first-party appeal by Titan Containers Ireland Ltd. regarding a €996,019.20 financial contribution required for a self-storage container park at Rosemount Business Park, Blanchardstown. The appellant contended that containers are not permanent buildings and should not be subject to a levy, and alternatively argued for a 50% car-park reduction. The Inspector found that while the containers are indeed liable for a levy as 'structures,' the Planning Authority (Fingal County ...SOURCE PDFOpen Original
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