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.
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