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  • Filling Station Development Not Subject to Metro North Planning Levy

    An Bord Pleanala have ruled that Metro North levies should not apply in respect of the redevelopment and extension of the existing service station at the Topaz Airport Service Station, Corballis, County Dublin. Given the levies imposed by Fingal County Council amounted to €364k this is a significant result for the applicant.

    The Board considered that having regard to the general purpose of the petrol service station as a motor fuel facility and retail facility associated with the sale of motor fuel within the Dublin Airport Campus, which is to serve the needs of persons using motorised private transport, and the purpose of the Metro North project, which is to provide public transport which may result in the reduction in the demand for private transport, it is considered that Metro North may be a disbenefit to the proposed development as the level of private transport usage would be reduced, with consequent lessening of the demand for fuel in the area.

    Furthermore, the Board considered that the location of the facility remote from the proposed Metro North station meant that there was little likelihood of benefit accruing to the proposal by virtue of increased numbers using the airport as a result of the provision of Metro North. The Board further considered that given the location of the proposed development remote from the main airport terminal buildings and without easy pedestrian access to the main campus of the airport, that an increase in numbers of employees at the airport which might be brought about by the introduction of Metro North would be unlikely to bring benefit to the proposed development.

    This decision is consistent with a previous decision by the Board removing large development contributions imposed by Fingal County Council in respect of Metro North for a filling station in Cloghran, Co. Dublin for the same reasons.

    Ironically, despite the success of this appeal, Fingal County Council have dramatically reduced the Metro North levies as of April 2013.  Levies are now based on the floor area of the proposal rather than the overall site area which makes far more sense. This means that future levies will be considerably lower than previously applied.

    Published on May 20, 2013 By:David Mulcahy · Filed under: Important An Bord Pleanala Decisions;
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