Laois business has solar contribution removed on appeal

A rooftop solar development in Laois will not have to pay a development contribution of €9,500 following a decision by An Bord Peanala.  

Lyonara Cold Store Limited secured planning permission to place 4,945m2, or 2,111  photovoltaic panels on a building in Clonminam Industrial Estate in Portlaoise.   

The plans were approved by Laois County Council with conditions. One condition, Condition 6,  states that: “Prior to commencement of development, a contribution shall be payable to Laois County Council, in accordance with the Council’s Development Contribution Scheme 2017 – 2023 in respect of public infrastructure and facilities benefiting development in the area of the planning authority..”

The proposed development can potentially produce 0.94995 MW of DC electricity. The council’s  solar contribution charge is €10,000 per MW so the council set the contribution at €10,000 x 0.95 or  €9,500.

However, Lyonara appealed the contribution condition on the grounds that the electricity produced by the development was produced in DC and with conversion to AC would only amount to 0.6MW.  They also stated that the solar electricity produced was destined for use in the building and was not intended for export to the national grid.

In its decision, An Bord Pleanala said: “The Board, in accordance with section 48 of the Planning and Development Act, 2000, as amended, considered, based on the reasons and considerations set out below, that the terms of the Development Contribution Scheme for the area had not been properly applied in respect of condition number 6 and directs the said Council to REMOVE condition number 6 and the reasons therefor.”

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An Bord Pleanala added that: “In deciding not to accept the Inspector's recommendation to amend condition number 6, the Board noted the analysis and recommendation of the Inspector that the scheme should be applied based on electricity output, however, having regard to the specific nature of the proposed development, providing photovoltaic panels on the roofs of the building on site, which would solely serve to supplement the existing premises energy with a renewable (solar) energy source and where there is no energy proposed to be exported off-site, the Board considered instead that the proposed development would not reasonably be of a type such that it would fall within this category of development.”