• Cllr Brian Dennehy

PLANNING CONDITIONS RE EXTENDING OF RUSH COMMUNITY CENTRE

COMHAIRLE CONTAE FHINE GALL

FINGAL COUNTY COUNCIL

BALBRIGGAN/SWORDS AREA COMMITTEE MEETING

(Services B – Strategic & General Matters)

THURSDAY 14TH FEBRUARY, 2019

ITEM NO. 67

PLANNING CONDITIONS RE EXTENDING OF RUSH COMMUNITY CENTRE

FACILITIES AI046316

Motion: Councillor B. Dennehy

"That this Committee calls upon the Chief Executive to make the delivery

of extra ground, allowing Rush Community Centre facility to extend their

premises, a community gain condition imposed on any future planning

applications received covering the land adjacent to the Community Centre

which was recently sold for development."

Report:

A Planning Authority is bound by the powers available under the P.& D.

Acts 2000 - 2018 and must act ‘intra vires’ in granting permission for a

proposed development and attaching appropriate conditions.

The Fifth Schedule of the P. & D. Acts 2000 - 2018 lists ‘Conditions which

may be imposed, on the granting of permission to develop land, without

compensation’.

A community gain condition, such as is described in the Motion, whereby

the Planning Authority would attach a condition to a grant of permission

requiring a private landowner to cede land to a separate party, does not

come within the scope of conditions included in the Fifth Schedule of the

P. & D. Acts 2000 - 2018.

As such, there is no legal context or basis under which the Planning

Authority would be able to impose such a condition to a grant of

permission for future development of the lands referred to. For the

Planning Authority to do so, would be ‘ultra vires’ and would be the

subject of compensation claim against the Planning Authority under the P.

& D. Acts 2000 - 2018.