Ballina retailer wins appeal over 'unreasonable' council fee
A Ballina firm has succeeded in an appeal against a planning condition that would have required it to pay €35,000 for a pedestrian crossing near its premises.
BEJM Ltd had submitted an appeal to An Coimisiún Pleanála after Mayo Co Council had inserted the condition as part of a grant of planning permission for an off-licence to sell wine, beer and spirits at an existing retail premises on the Sligo Road in Ballina.
Planning permission was granted subject to eight conditions, including one that required the retailer to provide a financial contribution of €35,000 to Mayo Co Council for the provision of a controlled pedestrian crossing nearby, which the council said would benefit the new development.
A report from Ballina Municipal District had stated that the contribution was being sought because the provision of an off-licence at this location will “lead to an intensification of use as this particular service is not currently available in this area” and would have an impact on road safety.
However, BEJM Ltd appealed the condition on the grounds that it was “unreasonable, excessive, and insufficiently justified”, adding that the pedestrian crossing at this location is not required for the proposed development.
An Coimisiún Pleanála’s inspector Conor McGrath noted that the service station and retail use is long established at this location and it was clear that the overall permitted development already generates traffic movements or potential movements. The site in question is the former Judge’s Garage, which was a busy location up to its closure a few years ago. It has since been re-opened by the Moloney family, who run the nearby SuperValu outlet in Bunree.
In his report Mr McGrath noted that while improvements to pedestrian facilities were proposed in a previous planning application in 2016, the road safety audit undertaken did not identify a requirement for a controlled pedestrian crossing, and was not sought by the planning authority.
The inspector also stated that reports from the Ballina Municipal District do not provide a detailed breakdown of the stated cost of the pedestrian crossing, nor is the form or location of the controlled pedestrian crossing identified.
“I am not satisfied that there is a basis to conclude that the subject development will result in a material increase in either pedestrian or vehicular movements such as to warrant the provision of a controlled pedestrian crossing in the vicinity," said Mr McGrath. "Such facilities may therefore have a wider benefit than the subject development.
“I am satisfied that the studies undertaken in support of the Ballina Local Transport Plan established that the need for pedestrian crossing facilities at this location already exists and does not arise from the proposed development."
Mr McGrath said the special financial contribution of €35,000 was not warranted and recommended that it be omitted from the planning conditions. His recommendation was accepted by An Coimisiún Pleanála.
