SD22A/0307

Change of use of 2 existing ground floor retail units to a Day Service Centre; new internal partitions to accommodate meeting rooms; open plan learning spaces and toilet and staff facilities; external works comprise replacement of the existing shopfront at ground floor level incorporating new windows, doors, fascia and signage.

Granted

Core Planning Reasoning

The Inspector recommends the removal of Condition No. 6 (Financial Contribution) because the applicant is a registered charity and therefore exempt from contributions under Section 11(xii) of the South Dublin County Council Development Contribution Scheme 2021-2025.

Decision Maker's Conclusion

  • The applicant, WALK, is a registered charity (CRA 20028008), which qualifies the proposed non-profitable day service centre for a full exemption from financial contributions under the local authority scheme.
  • Although the planning authority was not initially informed of the charitable status, the Inspector verified the status via the Charities Regulator and concluded the contribution was incorrectly applied.
  • The Board's review is restricted to Condition No. 6 only; as the terms of the General Development Contribution Scheme were not properly applied, the condition should be removed.

Cited Policies (CDP)

South Dublin County Development Plan 2022-2028: Zoning Objective VCSouth Dublin County Council Development Contribution Scheme 2021-2025: Section 11South Dublin County Council Development Contribution Scheme 2021-2025: Section 11(v)South Dublin County Council Development Contribution Scheme 2021-2025: Section 11(xii)South Dublin County Council Development Contribution Scheme 2021-2025: Section 11(xxvi)Planning and Development Act 2000: Section 48(10)(b)Planning and Development Regulations 2000: Article 157

Decision Document Summary

The proposal involves the change of use of two vacant ground-floor retail units (153.4 sq.m) at Coric House, Tallaght, into a Day Service Centre for people with intellectual disabilities, including internal modifications and shopfront updates. The site is zoned 'Village Centre' (VC) under the South Dublin County Development Plan 2022-2028. South Dublin County Council granted permission but levied a €15,149.78 financial contribution under Section 48. The Inspector found that while the 'VC' zoning...
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