An Bord Pleanála has removed a condition Kerry County Council imposed on a developer, saying it amounted to double charging.
Dublin-based Homeland DAL LTD had been granted planning permission from the council for houses in Listowel, but objected to three conditions imposed.
The developer appealed these to An Bord Pleanála, who upheld one, altered another, and omitted one completely.
Homeland DAL LTD plans to build eight two-bed semi-detached single storey houses, replacing units previously granted permission at Cashen Close, Dún Álainn Estate, Clieveragh, Listowel.
The grant of permission by Kerry County Council was subject to 24 conditions; three of which the developer objected to, and launched an appeal with An Bord Pleanála about.
The appeals board removed a condition compelling the developer to pay €12,000 for roads and transport, and community and amenity infrastructure.
The developer said it previously paid contributions, and An Bord Pleanála agreed, stating the council failed to apply the terms of the development contribution scheme correctly, and the imposition of this condition would constitute double charging.
The appeals board altered another condition around the payment of €85,000 for a pedestrian crossing on the R552 and a footpath to it.
It felt a contribution towards the crossing was reasonable but the imposition of a payment to cover a footpath wasn’t.
The appeals board left a third condition unchanged; it said the payment of a €90,000 bond to secure the completion of roads and other services was reasonable.
