Posts Tagged ‘development contribution’

Successful Levies Appeal, Newbridge, Co. Kildare

October 3, 2011

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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Kildare, Naas and Athy Development Contribution Schemes 2011 – 2018 adopted

September 28, 2011

Kildare County Council along with Naas and Athy town Councils have given notice that revised Development Contribution Schemes have been adopted in accordance with the provisions of Section 48 of the Planning and Development Acts, 2000 – 2010. The schemes were adopted as follows:

• Kildare County Council on the 7 September 2011

• Naas Town Council on the 13 September 2011

• Athy Town Council on the 13 September 2011

Car Parking Levy Reduced by 80%

July 29, 2010

In a recent decision by An Bord Pleanala relating to a shop unit opposite the Whitewater in Newbridge (14 B Cutlery Road), the Board reduced the levy imposed by Kildare County Council by 80%.  The Council had imposed a levy of €30,000 however, upon appealing the decision to An Bord Pleanala the Council made a submission to the Board saying they would reduce it to €12,000 follow a review of the Development Plan requirements.  This was on the basis that the actual requirement under the Development Plan was for 1.2 spaces – which they then interpretted as being 2 spaces.  The Board ruled that the Development Contribution Scheme had not been applied properly and that 1.2 should be rounded to 1 and therefore a levy of only €6,000 applied.

Should you wish to challenge development contributions please do not hesitate to contact me.  There is often scope for significantly reducing or even removing such levies.