Core Planning Reasoning
The appeal was a Section 48 first-party appeal against two financial contribution conditions. The Inspector determined that Condition 20 (open space shortfall) was properly applied according to the terms of the Development Contribution Scheme, while Condition 22 (playground shortfall) was not explicitly provided for in the Scheme and lacked a stated basis for calculation, leading to a recommendation for its removal.
Decision Maker's Conclusion
- Condition 20 regarding a financial contribution in lieu of public open space shortfall falls within the terms of Note 5 of the Fingal County Council Development Contribution Scheme 2021-2025 and should be retained.
- The Development Contribution Scheme does not specifically provide for financial contributions in lieu of a shortfall in playground provision, nor does it provide a basis for the calculation of such a contribution.
- The terms of the Financial Contribution Scheme were not properly applied to Condition 22, and as such, it is recommended that this condition be omitted from the grant of permission.
Cited Policies (CDP)
Objective DMS051Table 14.12Objective DMS053Objective DMA068Objective DMS069Objective GINH020Objective DMS050Objective DMS068
Decision Document Summary
The proposal involves the demolition of 'Hollytree House' and the construction of 85 apartments on a 0.54ha site at the junction of the R132 and Boroimhe Link Road, Swords. This is a First Party appeal specifically against Financial Contribution Conditions 20 (€217,164.59 for open space shortfall) and 22 (€39,996.00 for playground shortfall). The applicant argued that the contributions were unreasonable, not properly applied under the Section 48 scheme, and that the site's strategic location and...SOURCE PDFOpen Original
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