Core Planning Reasoning
The Inspector recommended the removal of Condition 7 (the financial contribution) because the Planning Authority failed to demonstrate that the proposed change of use constituted a 'substantial intensification of use' as per the Fingal County Council Development Contribution Scheme 2021-2025, thereby qualifying the development for an exemption.
Decision Maker's Conclusion
- The Inspector determined that the proposed works did not qualify for a 'restoration' exemption under Section 11(t) of the DCS, as the external fabric was already in good condition and the works primarily facilitated the new commercial use.
- The Planning Authority's argument that a 10-year vacancy period necessitated a finding of 'substantial intensification' was rejected, as vacancy is not a material consideration for abandonment or intensification under relevant case law.
- As the Planning Authority failed to identify specific extra demand on existing infrastructure, the Inspector concluded the project is entitled to the standard change-of-use exemption under Section 11(v) of the DCS.
Cited Policies (CDP)
Fingal County Council Development Contribution Scheme (DCS) 2021-2025Section 9 of the DCSSection 11(p) of the DCSSection 11(t) of the DCSSection 11(v) of the DCSSection 17 of the DCSSection 48 of the Planning and Development Act 2000 (as amended)
Decision Document Summary
This Inspector's Report deals with a first-party appeal specifically against a Section 48 financial contribution condition of €50,312. The proposal involves the change of use of Mariner's Hall, a protected structure on the West Pier in Howth, from vacant commercial offices to a Howth Harbour Seafood and Fishing Interpretive Centre, including a restaurant and retail area. The site is a mid-19th-century ecclesiastical-style structure in a prominent marine-industrial setting. The central argument i...SOURCE PDFOpen Original
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