Developer required to pay €111k financial contribution

AN BORD Pleanála (ABP) has upheld South Dublin County Council’s decision to require a developer to pay a financial contribution of €111,975 in lieu of public space for a development at Colberts Fort, Belgard.

Templemont Developments Limited secured planning permission for the construction of a three storey, six-unit apartment block in Colberts Fort on the Belgard Road in Tallaght last January.

However, one of the conditions that SDCC stipulated in their grant of permission was the payment of a financial contribution of €111,975 by the developer, in lieu of the absence of the minimum required public open space for the development under the Tallaght Local Area Plan 2020.

In its reasoning for applying this condition, the council stated, in accordance with the Tallaght Town Local Area Plan 2020, it is “considered reasonable” that the payment of a contribution be made in lieu of the required public open space.

The financial contribution, according to the council, will “contribute towards the provision of public open space, and/or to South Dublin County Council improvements to an existing park and/or enhancement of amenities in the area.”

Last February, Citywest-based AKM Design lodged an appeal against this condition on behalf of Templemont.

The appellant felt the condition had been “unfairly levied” against Templemont by the council.

They noted in their appeal that the development “provides communal (public) open space in line with both the SDCC Development Plan and Tallaght Local Area Plan and the provision exceeds ten per cent of the subject site.”

They requested that An Bord Pleanála remove the condition on these grounds, however the appeals board upheld the condition the council had applied.

In reaching its decision, An Bord Pleanála stated “it is considered that there is a shortfall in the provision of public open space within the proposed development site” and instructed that the condition remain.