North Mayo retailer wins appeal against €35,000 levy for pedestrian crossing
An Coimisiún Pleanála order the removal of €35,000 levy for pedestrian crossing imposed for Ballina off-licence
MAYO County Council have been ordered to remove a planning condition which required a Ballina retailer to pay €35,000 as a contribution towards a pedestrian crossing.
An Coimisiún Pleanála approved an appeal by Irish retail company, BEJM Ltd to remove a planning condition imposed by Mayo County Council after planning permission was granted to add an off-licence to sell wine, beer and spirits to an existing retail premises on the Sligo Road in Ballina.
Planning permission was granted subject to eight conditions with condition seven requiring the retailer to provide a special financial contribution of €35,000 to Mayo County Council in respect of the provision of a controlled pedestrian crossings in the vicinity, which the local authority stated would benefit the proposed development.
The current Ballina Local Transport Plan states that the footpath close to the service station terminates abruptly without any crossing to the footpath on the opposite side of the road and recommends new footpaths and pedestrian crossings should also be provided.
A report from a Ballina Municipal District engineer states that the contribution is recommended because the provision of an off-license at this location will 'lead to an intensification of use as this particular service is not currently available in this area' and will have an impact on road safety.
However, the retailer appealed the condition stating that the decision was unreasonable, excessive, and insufficiently justified and the pedestrian crossing at this location is not required for the proposed development.
In his report to An Coimisiún Pleanála, the inspector Conor McGrath noted that the 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.
His report also stated that the service station and retail use is long established at this location and it is clear that the overall permitted development already generates traffic movements or potential movements.
Mr McGrath also 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.
“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. Such facilities may therefore have a wider benefit than the subject development.
“I am satisfied that the studies undertaken in support of the Ballina LTP established that the need for pedestrian crossing facilities at this location already exists and does not arise from the proposed development,” he stated.
As a result, Mr McGrath found that the special financial contribution of €35,000 was not warranted and recommended that condition seven be omitted from the planning conditions.
The Commission accepted his recommendation and directed that the condition be removed from the decision to grant planning permission.