re development contribution

P

paul1

Guest
I have received planning permission for a change of use from industrial use to recreational use, however it has a couple of conditions and one of which is a development contribution. close to 50,000 euros. My new business cannot impose such financial levies. Can they impose a development contribution on a change of use? I have asked why they impose this charge and they say its an intensification into the area, the original industrial use would have employed 500 people. my use will employ 4 people. there is no justification on what they say.
I originally had a pre plan meeting with the town engineer and he said there be no development contribution, but my fault as i did not get this on paper. Also the time period has passed for me to appeal to the Bord within the 30 days of recieving the grant. Has anyone ever came across a similar case or can advise me as my venture will employ 4 people along with myself.
Thanks
 
sounds like you missed the chance to appeal. yes, there entitled to impose such a levy and will of course because their skint! it is up to you to appeal to ABP, but unfortunately you missed that boat. sorry to here this, you certainly seem to have grounds to appeal especially given everyone's current lack of funds, and that you were going to employ people!!

>check the planning file to see if the engineer had made any such statement in writing.
>write to your council any explain your circumstances, maybe work out a payment plan/ scheme..
>or reapply for planning permission on the grounds that the contribution renders the business opportunity impossible
 
The town engineer seems to have misinformed you.
It is reasonable that some levies are chargeable as the development which you are proposing can be argued to be an intensification of use.
LowC02design is right that your only option at this stage is to re-apply once you have clarified the levies and tried to come to some agreement with the Council prior to applying. Make the case to them re the viability of the business being under threat etc.

Whomever prepared the original application on your behalf should really have informed you of the existence of levies and their likely amount in any case. Planning Authorities are now oblidged to publish or have available for public viewing their proposed development levies for all developments so you can check these rates against what you were actually charged as well.

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