Developers appeal City Council's €260,000 parking levy
The developers of a new sportswear outlet and gym on a vacant site at the Headford Road are challenging a condition of planning which requires them to contribute more than a quarter of a million euro towards the provision of parking.
Galway City Council granted planning permission for the three-storey development beside the IMC Cinema at Galway Retail Park on the Headford Road subject to 19 conditions being complied with.
However, one of the conditions required Cleverson Limited, with an address at Doon West, Roscahill, to make a contribution of €262,000 towards the cost of car parking. Planners said that the development would necessitate the provision of additional car parking spaces in the vicinity of the site. They considered it reasonable that such a contribution would be made.
When the planning application came before the Council, there was opposition from the IMC Cinema Group on the grounds that the road infrastructure was inadequate for the increased footfall that would be expected as a result of this development.
They also said that the plan would block current signage of the cinema and further stated that it would represent an over intensification of the area as well as impeding delivery access to the cinema.
However, planners granted permission for the development on the half-acre site to Cleverson, which is owned by the family of hotelier and property developer John Lally.
But the contribution towards the provision of additional parking is now the subject of an appeal by the company to An Bord Pleanála.
In the appeal, they say that the retail park is already served by an existing car park with 410 spaces, access road, pedestrian access and common areas.
They say that the proposed development will utilise the existing car park and that this was clearly stated in the planning application to Galway City Council.
It is argued that the applicants have sufficient legal interest to permit the use of the existing car parking spaces for the purposes of the operation of the development.
They went on to say that the planning condition which levies a development contribution in respect of a shortfall in car parking spaces should not have been applied.
Documentation has been submitted to An Bord Pleanála which, the developers say, clearly demonstrates their legal right to utilise the existing car parking spaces in Galway Retail Park.
It is proposed to provide a sports retail store on the ground floor and it is hoped that this will benefit from the complementary use of the gym in the two floors above and vice-versa.
According to the developers, the site will be improved by the development as it has become a location for anti-social behaviour and littering resulting in an eyesore.
An appeal by the IMC Cinema Group was deemed invalid as it was not received by the Board within the four-week deadline after the Council’s decision.
A decision is due from An Bord Pleanála on October 16.