SD22A/0316
Extension, Change of Use and alterations to Kilnamanagh Shopping Centre; A two storey extension is proposed along the centre's eastern elevation (total GFA increase of 2,336sq.m); Change of Use of the first-floor retail area (last used by Dunnes Stores as textile sales space) which will be extended and subdivided to provide for two new non-retail, service units; Unit 1 will extend to c.1,411sq.m for use as a health centre and Unit 2 will extend to 790sq.m for use as a gym; Removal of condition 3 of PA Ref: SD06a/0095 to allow for the increased net sales area to allow for the increase in net comparison sales space at ground floor level; New entrance ramp and steps at the north of the extension; The southern lobby entrance into Dunnes Stores will be demolished and replaced with a new glazed lobby entrance; New walkway canopy generally on the north and south elevations; New ramped access next to existing pedestrian entrance steps on Mayberry Road; Reconfigure existing entrance to Treepark Road including revised parking layout generally around the east side of the building to allow for an adjusted, one-way, system around the centre; Car parking, as a result of the extension, will be reduced; Four electric vehicle parking spaces; Covered cycle parking; New enclosed service yard wall and gates to existing service area on the west side of the centre; New signage (including illumination) proposed to elevations including two Totem signs; Recladding on elevations. Additional landscaping treatment generally around the east side of the centre arising from the amendments to the car park. Landscaping works and all drainage works including SUDS measures; All other ancillary works to facilitate the development.
Core Planning Reasoning
This appeal relates solely to a financial contribution (Condition 7). The Inspector found that the Planning Authority incorrectly applied the South Dublin County Council Development Contributions Scheme 2021-2025 by double-counting certain floor areas and failing to credit development contributions previously paid for the existing floor space.
Decision Maker's Conclusion
- The Planning Authority miscalculated the financial contribution by double-counting 697sqm of floor area, including it in both the extension and change-of-use calculations.
- The applicant is entitled to a deduction of €124,520.74 for contributions previously paid under Reg. Ref. S00A/0873 and 06A/0095, as the Scheme provides that new use levies should be net of previous payments for the same floor area.
- The current indexed rate of €112.57 per sqm (effective January 2023) should be applied to the revised net floor area, resulting in a corrected total contribution of €307,748.06.