Core Planning Reasoning
The Inspector recommended the removal of Condition No. 10 (financial contribution) because the development qualifies for exemptions under the Galway County Council Development Contribution Scheme as it is a conversion of upper floors in a town centre zone that does not result in a substantial increase in intensity or additional floorspace.
Decision Maker's Conclusion
- The proposed development qualifies for a 'Change of Use' exemption as contributions were previously paid for the parent permission and there is no substantial increase in output, intensity of use, or gross floorspace.
- The conversion of upper floors of buildings into residential uses in areas zoned as 'Town Centre' is explicitly exempt from the provisions of the Development Contribution Scheme.
- The Inspector found that the proposal does not impose significant additional demand for services or car parking, meaning the Planning Authority erred in its application of the scheme to this specific case.
Cited Policies (CDP)
Galway County Council Development Contribution Scheme 2016 (revised 2019) Part 1Galway County Council Development Contribution Scheme 2016 (revised 2019) Part 3Galway County Council Development Contribution Scheme 2016 (revised 2019) Part 4 ('Exemptions')Athenry Local Area Plan 2012Draft Athenry Local Area Plan 2023-2029 (Zoning 'C1' Town Centre)Section 48 of the Planning and Development Act 2000 (as amended)Development Contributions, Guidelines for Planning Authorities (2013)
Decision Document Summary
This appeal centers on a dispute over a financial contribution condition (€8,498.40) attached to a grant of permission for the change of use of a first-floor office area to two one-bedroom apartments in Athenry, Co. Galway. The subject building is a two-storey structure on Cross Street, situated within a 'Town Centre' (C1) zoning. The Planning Authority had levied charges for recreation, roads, car parking, and the Athenry Relief Road. The applicant argued that the levy was excessive and failed ...SOURCE PDFOpen Original
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