'Exorbitant' levy on agricultural project is removed
An ‘exorbitant’ agricultural’ levy imposed on a builder by Mayo Co Council has been reduced significantly on appeal.
Castlebar-based developer Gene McConway was previously granted planning permission by the local authority to re-contour five hectares of land at Derrycoosh, Castlebar. The project would use up to 165,500 tonnes of imported soil and stones for the consequential benefit to agriculture. The permission came with several conditions including a development contribution levy of €87,474, which the applicant felt was "exorbitant" for "small-scale farming activity". He appealed the matter to An Coimisiún Pleanála.
The Planning Partnership, on behalf of Mr McConway, stated that while the planning permission is welcomed in principle, the council was treating the development as "a commercial, rather than an agricultural undertaking". Mr McConway is from a farming background and intends to incorporate the land into an existing family farm holding in the wider area. The proposed development is for the purposes of land reclamation and the applicant does not propose to "change the use of the land or to create a waste transfer station or infill or other form of deposition site".
“The catalyst for work is to render the lands suitable for productive agricultural use, in keeping with the applicant's farming background and activity, and with the benefit of the applicant's separate business interests in the construction sector,” the appeal added.
It was stated that the levy would render the project impossible and that the council should not be "levying significant contributions on agricultural development". A ten-year operational term is proposed for the work, which will be completed in four phases.
The Commission ruled that the terms of the Development Contribution Scheme had not been properly applied by the council. It removed the levy of €87,474 and ordered that a financial contribution of €12,496.25 be paid instead, adding:
“The contribution shall be paid prior to commencement of development or in such phased payments as the planning authority may facilitate and shall be subject to any applicable indexation provisions of the Scheme at the time of payment."
