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Appeal against vacant property levies backfires with landowner now to pay double

Appeal against vacant property levies backfires with landowner now to pay double

From Irish Times · () English

Summarized and contextualized by DistantNews.

At a glance

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  • A landowner's appeal against vacant site levies in Limerick has resulted in the charges doubling to €140,000.
  • The landowner argued the site was not vacant and had undergone significant improvements.
  • The appeals commission found the site's temporary use for construction did not negate its vacant status, leading to the increased levy.

A property owner's attempt to challenge vacant site levies has backfired spectacularly, resulting in the charges against them doubling to €140,000. The landowner, Thanos Securities Limited, had appealed a €70,000 levy imposed by Limerick City and County Council for the years 2023 and 2024 on a long-vacant property at 34-41 Catherine Street.

significant work had been carried out between 2019 and 2023 to improve its condition.

— Thanos Securities LimitedPart of the argument presented during the appeal against vacant site levies.

Thanos Securities argued that the site, a former pub, nightclub, and newspaper facility added to the vacant sites register in 2018, was not idle. They claimed significant work had been done between 2019 and 2023, including erecting scaffolding and using the site as a construction compound for nearby building works. The company also questioned the site's valuation.

However, An Coimisiún Pleanála (ACP), the planning appeals body, rejected these arguments. The inspector acknowledged improvements to the site's appearance but concluded that the buildings remained undeveloped and detracted from the area. Crucially, the inspector determined that the temporary use of the site for adjacent construction did not alter its fundamental vacant status.

the temporary use of the site for nearby construction did not change its vacant status.

— ACP InspectorThe finding that led to the rejection of the landowner's appeal.

Furthermore, the inspector found that the council's initial levies were incorrectly calculated. The annual charge should have been €70,000, representing 7% of the site's €1 million valuation, not €35,000. This recalculation led to the total levy for the two years reaching €140,000. The property, located in the city's Georgian quarter, has a history of planning applications dating back to 2004, with recent approvals for 76 apartments. The site's valuation has also increased significantly, doubling from a 2019 estimate.

the buildings remained undeveloped and “significantly detract” from the area.

— ACP InspectorDescribing the condition of the property despite some improvements.
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Originally published by Irish Times. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.