Successful Levies Appeal, Newbridge, Co. Kildare

An Bord Pleanla have reduced the development contribution (levies) for the subdivision of a unit in Main St, Newbridge by over half the amount imposed by Kildare County Council.

David Mulcahy Planning Consultants Ltd took the case to the Board on behalf of the applicant who was unhappy with the €21,150 levy applied by the Council.  The Board agreed that the levy was excessive and had not been applied in accordance with the Council’s own development contribution scheme.  It was reduced to €10,327.

The €21,150 levy had actually been a reduction on a previous application for the same development when a €26,100 levy applied.  The second application was lodged with a view to gaining access to the Board in order to appeal the decision which was considerd to be excessive.

Interestingly a further credit against levies previoulsy paid on the floorspace in question was not supported even though the Council agreed to this credit in their submission to the Board.  The Board considered that because the levies were applied and collected prior to the commencement of the Planning & Development Act, 2000 a credit would not apply.

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