A subsidiary of Johnny Ronan's Ronan Group Real Estate (RGRE) has lost out in a €315,000 vacant site levy row with Dublin City Council concerning a disputed €4.5m site at the junction of Appian Way in Dublin 6.
This follows An Bord Pleanála dismissing Mr Ronan’s RGRE J&R Appian Valerys Ltd's appeal against Dublin City Council’s site levy charge of €315,000 - or 7% of the site value for 2020.
The City Council initially issued the €315,000 site levy charge to Mr Ronan’s RGRE Appian firm in April 2021 concerning a 0.227 acre site that forms the corner of Appian Way and Leeson Street Lower.
The firm appealed the 'Demand for Payment Notice' to An Bord Pleanála for the site where Mr Ronan has plans to construct a 10 storey 44 unit build to rent scheme.
Dublin City Council refused planning permission for the apartment scheme in December 2021 and an appeal lodged by Mr Ronan’s RGRE J&R Appian Valerys Ltd in January of last year remains before the appeals board for decision.
Now, the appeals board has confirmed the vacant site levy having regard to the need for housing in the area, that the site is suitable for housing and that insufficient reason has been put forward to cancel entry on the Vacant Sites register.
Board member, Dr Maria Fitzgerald stated that "it is appropriate that a notice be issued to the planning authority who shall confirm the demand for payment".
In relation to the appeal of the €315,000 site levy charge, Mr Ronan’s firm did not dispute that the site was vacant in 2020 but disputed the Council's €4.5m valuation.
The Ronan firm claimed that the proposed €315,000 levy was incorrectly calculated as it is derived from an incorrect valuation, which the firm stated was never served in the first place.
The Ronan company stated that it purchased the site in October 2018 for €2.45m and a valuation from March 2021 put a value between €3m to €3.25m.
In a 12 page An Bord Pleanála inspector’s report, Senior Planning Inspector, Dáire McDevitt said that though the RGRE firm may feel they have a strong case to make in relation to the market value of the site, the time for that appeal has passed.
Ms McDevitt stated that the RGRE should have appealed the €4.5m valuation directly to the Valuation Tribunal within 28 days.
Ms McDevitt stated that unfortunately for the RGRE company, the board has no jurisdiction to adjudicate a determination of market value - that is for the Valuation Tribunal to do.
A spokesman for RGRE said that the company has no comment to make.
