Core Planning Reasoning
The Inspector recommended that Condition 6 be amended to reduce the development contribution from €58,935 to €22,740, concluding that the Planning Authority failed to correctly apply exemptions for 'change of use' under the Development Contribution Scheme and that the original calculation resulted in 'double charging' for existing floor space.
Decision Maker's Conclusion
- The Planning Authority failed to apply the mandatory exemption under section 11(v) of the Development Contribution Scheme for the 382sq.m area subject to a change of use.
- Levying contributions on the existing warehouse space would constitute 'double charging' as these areas were already authorized and liable under a previous planning reference (FW21A/0049).
- Only the 240sq.m mezzanine extension represents net additional floor area liable for contributions, which at the 2023 index-linked rate of €94.75/sq.m, totals €22,740.
Cited Policies (CDP)
Fingal County Council Development Contribution Scheme 2021-2025Section 9 (Level of contribution)Section 11 (Exemptions and reductions)Section 11(v) (Change of use exemption)Section 17 (Scheme duration)Section 48 of the Planning and Development Act 2000Development Contributions Guidelines (DECLG, 2013)
Decision Document Summary
This is a first-party appeal specifically against a financial condition attached to a grant of permission for a partial change of use (from warehouse to office) and a mezzanine extension at Unit A5A, North City Business Park, Finglas. The site is situated in an area zoned for General Employment. The primary dispute centers on whether the Fingal County Council Development Contribution Scheme 2021-2025 was correctly applied. The Planning Authority initially levied €58,935 based on the total floor ...SOURCE PDFOpen Original
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