Mayo developer appeals 'extortionate price' charged for Newport footpath levy

A West Mayo developer has accused Mayo County Council of demanding an 'extortionate price' for the provision of footpaths as part of planning permission for a Newport development.

Last month, Mayo County Council granted Louisburgh-based Brendan Byrne and Son Ltd planning permission to construct seven detached units and two semi-detached dwelling units located at Barrack Hill, Newport.

Planning was subject to 26 conditions, one of which included the provision for a contribution levy of €58,800 for 280 metres of footpath connecting the development with the town centre.

The developer appealed the inclusion of this condition to An Coimisiún Pleanála saying that the levy sought seems to be 'an arbitrary and capricious monetary value with no justification'.

Mayo County Council calculated the cost of the 280 metre footpath at €210 per metre but in the appeal, Keith O'Connell, Chartered Engineer on behalf of the developer stated that it would be reasonable to expect the breakdown of the development fee to be detailed in the report.

“The width of the proposed footpath wasn't even specified...It appears that Mayo County Council have pulled this arbitrary monetary number with no reference guideline given.

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“In our experience from dealing with multiple housing developments as Consulting Engineers and Assigned Certifiers, this is an extortionate price for laying footpaths,” he stated in the appeal.

Mr O'Connell also pointed out that there was nothing in the Mayo County Council's Development Contribution Scheme regarding a charge of €210 per metre for a footpath and 'it's concerning that Mayo County Council imposed this fee without any substantiation'.

The developer was also charged a development levy of €36,280 for the nine residential units and Mr O'Connell argued that any footpath and public infrastructure is covered within this fee.

The appeal also outlined that having looked into a number of similar developments granted planning permission by Mayo County Council none of them 'have similar unsubstantiated contribution fees'.

Mr O'Connell also stated in the appeal that due to the significant rise in construction costs in recent years, the applicant is not sure if the proposed development is now feasible given the extra costs imposed by the council.

As a result, he stated that the land may have to be sold which 'would impact the current greenway to the community and the proposed connectivity to Rossmore estate' which was agreed during the planning process.

“It may be the case that unsubstantiated contribution fees have a part to play in the housing crisis in Ireland,” he stated in the appeal.

“There is currently Government discussion surrounding housing about giving developers incentives to drive housing construction within Ireland to 300,000 units by 2030 but then incurring a fee like this on a nine-unit development defeats the purpose.

“Given the current housing crisis and the fact that the rate of construction is declining at the fastest rate in years, extortionate contribution fees will only make the situation worse,” he wrote.

Mr O'Connell requested that An Coimisiún Pleanála acknowledge the merits of the appeal and omit the condition from the planning condition.

“The planning authorities need to be working alongside the agents and developers to drive the construction sector within Ireland, not working against them,” he concluded.

The appeal is expected to be decided by An Coimisiún Pleanála by mid April next year.