Core Planning Reasoning
The Inspector recommends the omission of Condition No. 8 (financial contribution) because the proposed change of use does not constitute a 'substantial intensification' of use, thereby qualifying for an exemption under Section 11(i)(v) of the Fingal County Council Development Contribution Scheme 2021-2025.
Decision Maker's Conclusion
- The development is for a change of use within an existing building footprint with no increase in gross floor area or significant alteration to the structure's intensity of use.
- The practical use of the building as an enterprise centre is deemed similar to its previous light industrial/warehouse use, with no expected increase in vehicular or human traffic.
- The Planning Authority incorrectly applied the Section 48 Development Contribution Scheme, and Condition No. 8 should be omitted in accordance with the scheme's own exemption criteria for change-of-use applications.
Cited Policies (CDP)
Objective GEFingal County Development Plan 2023-2029Appendix 7Section 48 Planning & Development Act 2000 (as amended)Development Contribution Scheme 2021-2025Section 11(i)(q)Section 11(i)(r)Section 11(i)(v)
Decision Document Summary
The application involves a change of use of an existing three-story light industrial warehouse at Baldoyle Industrial Estate to an Enterprise Centre, including the retention of windows and the creation of new fire doors and external stairs. Fingal County Council granted permission subject to 8 conditions, including a Section 48 levy of €95,602.75 (Condition No. 8). The applicant appealed specifically against this condition, arguing that a significant levy had already been paid for the building i...SOURCE PDFOpen Original
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