SD22B/0429

The development consists of alterations to previously granted planning permission (Ref No SD19B/0332) to include a) alterations to Front Porch b) alterations to single storey extension to rear and side of the existing dwelling c) alterations to front elevation and all associated site works

Granted

Core Planning Reasoning

The Planning Authority incorrectly calculated the assessable area for the Section 48 development contribution by including the original floor area of the house and works previously permitted, resulting in 'double charging' contrary to the Development Contribution Scheme.

Decision Maker's Conclusion

  • The Planning Authority erred in its calculation of the 47.50sq.m assessable area by including the footprint of the original house and development already authorized under PA ref. SD19B/0332.
  • The actual relevant departure from previous permissions that is subject to the current retention application is calculated as 12.00sq.m.
  • Applying the index-linked rate of €119.10 per sq.m for 2023 to the 12sq.m area results in a revised and appropriate development contribution of €1,429.20.

Cited Policies (CDP)

South Dublin County Council Development Contribution Scheme 2021-2025Article 9 of the DCSArticle 11(i) of the DCSArticle 11(xxv) of the DCSArticle 15 of the DCSSection 48 of the Planning and Development Act 2000 (as amended)Development Contributions Guidelines (DECLG, 2013)

Decision Document Summary

This Inspector's Report concerns a first-party appeal against a financial condition (Condition 4) attached to a grant of permission for alterations to a previously permitted house extension at 93 Marian Road, Rathfarnham. South Dublin County Council sought a contribution of €4,963.28 based on an assessable area of 47.50sq.m. The applicants argued that this area incorrectly included the original kitchen and previously permitted works, leading to 'double charging'. The site contains a recently ren...
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