Council wants Ballina retailer to pay for pedestrian crossing
A Ballina retailer, who has been given the go-ahead to develop an off-licence at its new premises, has lodged an appeal to An Coimisiún Pleanála regarding a condition attached to the grant of planning planning by Mayo County Council.
The council wants BEJM retail group to contribute €35,000 towards a pedestrian crossing close to the its premises on the Sligo Road.
BEJM plans to open a new Centra and Maxol filling station at the site of the former Judge’s Daybreak on Sligo Road, and to develop an off-licence ancillary to the existing premises.
The retailer is operated by the Moloney family, who also own SuperValu in Ardnaree, and they have completed most of the development work at their new store and forecourt.
However, Mayo Co Council has attached a condition to the planning permission requiring the developer to make a special financial contribution of €35,000 towards the provision of a controlled pedestrian crossing in the area, which the council said would benefit the proposed development. This special contribution would be separate from the development contribution fee typically paid by a planning applicant.
The local authority said the reason for this condition was for BEJM to contribute towards costs arising from maintaining public infrastructure serving the new store.
The council also sought a further development contribution of €2,000 for line-marking works, but this is not subject to the appeal.
BEJM has made an appeal solely against the inclusion of the condition related to the €35,000 contribution and have requested that An Coimisiún Pleanála delete it from the schedule of conditions.
Correspondence sent to An Coimisiún Pleanála on behalf of the group argued that the inclusion of the condition is “unreasonable, excessive and insufficiently justified” and is contrary to planning laws.
The company said that no exceptional circumstances have been identified in the council’s reports for the inclusion of this condition, no explanation has been given as to why the development contribution scheme is insufficient and no justification has been advanced for singling out this development for such a substantial payment.
An Coimisiún Pleanála is due to decide on whether or not to uphold this condition by June 23, 2026.
