Appeals Board orders Ballina man to pay €20k levies

Appeals board orders Ballina man to pay €20k levies


Anna-Marie Flynn

AN Bord Pleanála has ordered a Ballina man to pay a contribution of €20,985 to cover public infrastructure and facilities as part of his retail revamp.
Desmond McAndrew applied for planning permission to amalgamate two retail units into one at Pearse Street, Ballina. Plans included a single signage to cover the two premises, formerly known as Gallagher’s TV, and Anne Bain Travel; change of use of a warehouse to rear to retail, and internal modifications.
Ballina Town Council issued notification of a refusal and the applicant subsequently appealed the decision successfully subject to levies to be made payable. Following this, in October 2007, the planning authority issued a memorandum for levies amounting to €20,985. This included costs including water supply, €595; foul sewer – €833; amenities – €357 and parking at €19,200.
A dispute over the levies calculation ensued and despite several correspondences by Corduff Gunning & Co Solicitors, arguing the case of the applicant, Senior Planning Inspector, Paul Caprani found that, based on evidence provided, the planning authority was correct in seeking a financial contribution. He ordered that this was in accordance with the adopted development contribution scheme.
In his report published last week, Mr Caprani stated: “The calculations presented by the planning authority are an accurate representation of the change of use involved amounting to 119 square metres and I therefore recommend that the Board direct the owner/occupier of the premises to pay a financial contribution amounting to €20,985.”
At a meeting of the board on January 7 last, the members considered the report and determined the contribution as €20, 985 in accordance with the Inspector’s report and based on the Planning and Development Act 2000.