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RZLTSUB24-ADM24S4Residential Zoned Land Tax - Submission Form Residential Zoned Land Tax - Submission Form NOTE: Closing Date is Sunday 1st April 2024. Please read the Privacy Statement before completing this form. Please note, you are strongly advised to lodge your submission in good me so that any technical difficules can be resolved before the Easter holiday period. Please note, the Council Offices are closed from 29th March 2024 to 1st April 2024 inclusive. You should save your submission periodically using the 'Save as Dra' opon at the boom of the form, especially if the submission is a large one. Failure to do so could result in data inpued being lost in the event of a me-out or loss of connecon. Q1. Contact Details and address of person making the submission Name * Is an agent making a submission on your behalf * Q2. Contact Details and address of Agent (where applicable) Agent Name * Q3 Should all correspondence be sent to the agent's address * Please note that submissions or observaons made to Monaghan County Council will be made available for public inspecon on the Council's website and may be redacted in line with GDPR and other legal requirements. CONTACT DETAILS Yes No If no, please proceed to Q4 AGENT DETAILS Pleae note that if the answer is No, all correspondence will be sent to the address of the person making this submission Yes No SUBMISSION INFORMATION Although residenal properes are included on the Dra Map, they are not subject to RZLT if they are subject to Local Property Tax. Therefore, it is not necessary to make a submission to remove this type of residenal property from the Dra Map. Q.4 What is the postal address of the land to which this submission relates? Please enter an Eircode, if available, or the address below. Address Line 1 * Address Line 2 Address Line 3 Town * County Eircode If an Eircode is not available, please give a detailed description which is sufficient to identify the land the submission relates to. Q.5 Parcel ID Reference number as shown on the Draft Map. The Parcel ID can be found on the RZLT Dra Map Viewer by clicking on the lands and a popup display box will appear. The Parcel ID will appear in the format of MNLA ----. Alternavely the paper maps are on public display in the The Planning Office and the Municipal District Offices in Clones, Carrickmacross and Monaghan. Q.6 Are you making this submission as:* Q.7 Does the submission relate to?:* Q.8 The definition of lands in-scope for RZLT requires lands to be connected or able to be connected to services. Does your submission relate to the connection of lands to existing services/infrastructure?* SUBMISSION DETAILS Lands at junction of Macartan Road & Glen Road Mullamonaghan Monaghan Town Max 1000 characters Lands at junction of Macartan Road & Glen Road MNLAMT43 A Landowner A Third Party (you do not own the lands you are making the submission on) Please select as appropriate (a) the addition/inclusion of lands on the Annual Draft Map that are not currently identified, or (b) the removal/exclusion of lands currently identified on the Annual Draft Map Yes No Q.9 Does your submission relate to the date on which the land is considered to meet the relevant criteria? (i.e. when it was serviced)* Q.10 Does this submission challenge the inclusion of lands on the Annual Draft Map on the basis that they are not vacant or idle? (Please note, this only applies to lands with a Town Centre Zoning).* Q.11 Are you requesting a variation of the zoning of land identified on the Draft Map as being in the scope for the tax?* With your submission you: Must provide an Ordnance Survey Map, at a scale which clearly identifies the lands (including the boundary of the lands). Submissions from landowners will not be considered further unless accompanied by the required OS Map. Should outline what changes to the RZLT Draft Map you are seeking. Should provide justification/evidence for the change sought. The submission must be based on the criteria set out in Section 653B of the Taxes Consolidation Act 1997 in respect of your submission for the inclusion or exclusion of lands etc.. Should provide evidence of ownership of the lands. Can request for a variation of the zoning of lands identified as being in scope for the tax. You may wish to provide reasons for any rezoning request. Please note that Monaghan County Council may request additional information after the receipt of your submission. Please outline the reason for your submission and upload any supporting documentation below.* Supporting documentation By clicking the 'Submit' button you give Monaghan County Council permission to analyse and include your response in their results. After you click submit, you will no longer be able to go back and change any of your answers. If you are having technical difficulties uploading your submission please contact rzlt@monaghancoco.ie for assistance or phone 047 30532. However, please note the offices will be closed from 29th March 2024 to 1st April 2024 inclusive and therefore only automated responses will be sent during this period. Once you have submitted this form there will be links available on the next page to either download this form or email yourself a copy of the form. Yes No Yes No Yes No LANDOWNER SUBMISSION Max 2500 characters See submission enclosed. Max file size per document uploaded:- 5MBs 23076_RZLT_Monaghan Submission_FINAL.pdf 4.03MB DECLARATION Signature * Date * 28/03/2024 ATT. Chief Executive Planning Offices 1 Dublin Street, Monaghan H18 X982. via email: rzlt@monaghancoco.ie Date: 28/03/2024 Our Ref: 23076/M/IL/LM Dear Sir/Madam, RE: RESIDENTIAL ZONED LAND TAX SUBMISSION IN RESPECT OF LANDS AT THE JUNCTION OF MACARTAN ROAD (N54) AND R162 (GLEN ROAD), MONAGHAN TOWN, CO. MONAGHAN 1.0 INTRODUCTION as the owner of the above site, has instructed to prepare a submission in respect of the site at the junction of Macartan Road (N54) and R162 (Glen Road), Monaghan Town, Co. Monaghan in relation to the Residential Zoned Land Tax and the inclusion of certain lands on the RZLT map. This submission is made in accordance with Section 653D (1)(a) and Section 653M (2)(f) of the Finance Act 2021 (as amended). As set out herein, this submission seeks that the lands in our client’s ownership are removed from the RZLT map, having regard to the specific exclusions provided under Section 653B(c)(ii) which are addressed in section 5 of this submission. In accordance with Section 653D (3), “a map prepared by Ordnance Survey Ireland at a scale at which the site can be accurately identified” is included with this submission (Appendix 1). In accordance with Section 653D (4), “evidence as is necessary to prove their ownership of the site” is included with this submission (Appendix 2). 2.0 LOCATION OF SUBJECT SITE The subject site is located in the southern area of Monaghan town centre. Macartan Road forms the northern boundary of the site and the R162 forms the sites western boundary and the Ulster Canal is located to the south of the site. Residential Zoned Land Tax – Submission Monaghan Town 2 Access to the site is from Macartan Road via a simple priority T-junction arrangement. The River Shambles flows through the town of Monaghan under the site of the proposed development. Figure 1 – Subject Lands outlined in red below Source: Google Earth 3.0 RELEVANT RECENT PLANNING HISTORY The Monaghan County Council online planning register and An Bord Pleanála online case search function were examined to determine a recent planning history for the subject lands and its surrounding area. MCC Reg. Ref. 17/453 & ABP-301542-18 On 7th of March 2019, An Bord Pleanála granted permission for: ‘Construction of a single storey discount foodstore (to include off license use) with a gross floor area of 1,814 square metres (net retail area 1,254 square metres). The development includes the erection of one number internally illuminated sign and opening hours sign at vehicular entrance, three number internally illuminated gable signs, one number poster sign and entrance glass signage. The proposed development will be served by 91 number car parking spaces. Vehicular access to the site will be provided from Macartan Road. The proposed development includes all engineering works, landscaping works, boundary treatments and site development works on the 0.69 hectare site at the junction of Macartan Road (N54) and the R142 (Glen Road), Monaghan Town, County Monaghan, as amended by the further public notice received by the planning authority on the 12th day of March, 2018 as follows: a revised culvert configuration and a revised southern boundary treatment to the site.’ Residential Zoned Land Tax – Submission Monaghan Town 3 Figure 3.1 Overall Site Layout Development is expected to commence in April 2024. 4.0 PLANNING CONTEXT The subject site is located within the administrative boundary of Monaghan County Council and is therefore subject to the policies and objectives of the Monaghan County Development Plan 2019 – 2025 (CDP). Land Use Zoning The site is zoned ‘Town Centre’ with an objective; “To provide, protect and enhance town centre facilities and promote town centre strengthening. Principal permitted land use will be town centre related uses including retail, residential, commercial, social uses, cultural uses, medical/health uses, hotels, pubs, restaurants and other similar type uses.” Residential Zoned Land Tax – Submission Monaghan Town 4 Figure 4.1: Extract from Zoning Map MDP2 of Monaghan County Development Plan 2019 – 2025, site outlined in red We also refer to Map 15 below contained within the Strategic Flood Risk Assessment at Appendix 1 of the CDP. The site is located in ‘Flood Zone A – 1 in 100 year or 1% AEP’. Subject site Residential Zoned Land Tax – Submission Monaghan Town 5 Figure 4.2 – Extract – Map 15 of the SFRA 5.0 BASIS FOR REMOVAL FROM RZLT SUPPLEMENTAL MAP The Section 28 Guidelines ‘Residential Zoned Land Tax - Guidelines for Planning Authorities’ published in June 2022, outline that there are a number of reasons why zoned and serviced land could be excluded from the map: “This includes land in need of specific remediation for contamination, land which has significant known archaeological remains, land on the derelict site register, land required for infrastructure identified in section 653B(c)(iii)(I) – (VII), and exclusions for existing uses on land. Sections 653B(c)(i) and (c)(ii) respectively identify where certain uses may be excluded from the tax measure.” Residential Zoned Land Tax – Submission Monaghan Town 6 Figure 5.1 Draft RZLT MAP – Subject Lands Source: Residential Zoned Land Tax (RZLT) Annual Draft Map (arcgis.com) Section 653B(a) of the Finance Act sets out criteria for inclusion on the RZLT maps. The relevant provisions for the lands to be included on the map are addressed below: “653B(a) In this Part, a reference to land which satisfies the relevant criteria is a reference to land that– (a) is included in a development plan, in accordance with section 10(2)(a) of the Act of 2000, or a local area plan, in accordance with section 19(2)(a) of the Act of 2000, zoned– (i) solely or primarily for residential use (ii) for a mixture of uses, including residential use” As specified above in the Section 28 guidelines, Section 653(c)(i) and (c)(ii) outline a number of circumstances where lands may be excluded from the RZLT maps, as follows: “653B(c) it is reasonable to consider is not affected, in terms of its physical condition, by matters to a sufficient extent to preclude the provision of dwellings, including contamination or the presence of known archaeological or historic remains, but which is not land— (i) that is referred to in paragraph (a)(i) and, having regard only to development (within the meaning of the Act of 2000) which is not unauthorised development (within the meaning of the Act of 2000), is in use as premises, in which a trade or profession is being carried on, that is liable to commercial rates, that it is reasonable to consider is being used to provides services to residents of adjacent residential areas, Subject lands Residential Zoned Land Tax – Submission Monaghan Town 7 (ii) that is referred to in paragraph (a)(ii), unless it is reasonable to consider that the land is vacant or idle” The subject lands are zoned Town Centre’ in the Monaghan County Development Plan 2019-2025. The objective for this zone is “To provide, protect and enhance town centre facilities and promote town centre strengthening. Principal permitted land use will be town centre related uses including retail, residential, commercial, social uses, cultural uses, medical/health uses, hotels, pubs, restaurants and other similar type uses.” The Annual Draft RZLT Map for 2024 identify the lands as being zoned for mixed uses, under S.653B(a)(ii), and therefore liable for RZLT in 2025. Hence, in order for the subject lands to be excluded from the final map on lands zoned primarily for mixed uses, the criteria under S.653B(c)(ii) must be satisfied. The following demonstrates how it is reasonable to consider that the lands are affected by flood risk and are not vacant or idle. 1. Subject Land Activity It is noted that lodged an application for a new single storey discount foodstore on the subject lands to Monaghan County Council in September 2017, under MCC Reg. Ref. 17/453, and was subsequently granted final planning permission by An Bord Pleanála in March 2019, under ABP Reg. Ref. 301542, following a third party appeal. In this respect, the permission for the proposed new single storey discount foodstore on the subject lands remains extant, with intending on commencing works on site in April 2024. Significant design development works have been undertaken since the granting of the planning permission and has worked closely with Monaghan County Council to ensure that a suitable water infrastructure strategy has been put in place dealing with the existing culvert beneath the site, the diversion of this and a new connection. Meanwhile, the site has remained in use as a surface car parking for the use of the local authority. Therefore, due to these reasons, it is reasonable to consider that the subject lands are not idle and/or vacant and should be excluded from the Draft Annual RZLT maps, in accordance with S.653B(c)(ii) of the Finance Act 2021. 2. Flood Risk Issues We refer to the documentation previously submitted with the planning application and appeal to Monaghan County Council and An Bord Pleanála respectively, under MCC Reg. Ref. 17/453 and ABP-301542-18, on the site which was granted by an Bord Pleanála in March 2019. Specifically, the Flood Risk Assessment prepared by Punch Consulting Engineers notes the relatively unique nature of the site within the town centre with a culverted river underneath which makes the site susceptible to flooding. It is considered that the development of the site presents an opportunity to address this flood issue and reduce flood risk at the site and at neighbouring properties. The assessment notes that the proposed development has been specifically designed to address the constraints of the site: Residential Zoned Land Tax – Submission Monaghan Town 8 “The proposed development will occupy the entire site and will consist of a retail store unit and a car park. The store and car park will be constructed on a structure supported by a grid of columns. This will ensure that there is a void space beneath the development to store floodwaters, and that the development will not reduce the flood storage volume available during extreme flow events in the River Shambles.” Given the nature of the site, and the extensive flood risk modelling that has been carried out, it is reasonable to consider that the site is affected by its physical condition by virtue of the significant and known flood risk on site. The site is not considered suitable to accommodate residential development owing to the flood constraints at the location and the higher vulnerability level of residential land use on sites within Flood Zone A and B as specified in the SFRA prepared as part of the Monaghan CDP 2019-2025. It is considered that any residential scheme at the site would not constitute an efficient use of these brownfield infill lands which hold permission for convenience retail development and will assist in achieving the aims of the Retail Strategy for the County which seeks to retain and consolidate Monaghan Town’s position as the Tier 1 County Town Retail Centre. Therefore, in accordance with the criteria set out in Section 653B(c), the physical condition of the site at present does not make the site suitable for residential development. Having regard to the above, we respectfully request that MCC remove the site from the RZLT final map, as while the site is appropriate for commercial development, work is required to alleviate existing constraints prior to any development on the site proceeding, noting the identified Flood Risk associated with the subject site. Therefore, due to these reasons, it is reasonable to consider that are affected by their physical condition and should be excluded from the Draft Annual RZLT maps, in accordance with S.653B(c) of the Finance Act 2021. 6.0 SUMMARY AND CONCLUSIONS , respectfully request that the Planning Authority takes into account the content of this submission and remove the lands from the final RZLT map. If you require any further information, please do not hesitate to contact us. Yours sincerely, __________________ Residential Zoned Land Tax – Submission Monaghan Town 9 ENCLOSURES Town Monaghan Landowner name Address of site Site at the junction of Macartan Road (N54) and R162 (Glen Road), Monaghan Town, Co. Monaghan Land Parcel Identification nos. MNLAMT43 Site Area 0.69ha Residential Zoned Land Tax – Submission Monaghan Town 10 APPENDIX 1 – SITE LOCATION MAP DISU SED U L S T ER C ANA L MACARTAN ROADR 162 LOCATION OF SITE NOTICELOCATION OF SITE NOTICESCHEDULE OF AREAS SITE AREALEGENDSITE BOUNDARY(1.70 Acres)APPROX 6,903 m 2PLANNINGALDI STORES (IRELAND) LTD JAN 20161:1,000 @ A3Kevin TanseyPROPOSED ALDI FOODSTOREMACARTAN ROADMONAGHANSITE LOCATION MAP11.29.1003P15.02.16P1ISSUED FOR PLANNINGSCALE - 1:1000SITE LOCATION MAP1001ADJOINING LANDS IN THE VENDORS OWNERSHIP19.09.17P2ISSUED FOR PLANNINGARCHITECTUREREV:DATE:REVISION:STATUS:P = PLANNINGC = CONSTRUCTIONT = TENDERF = FIRE SAFETY CERTS = SKETCH DESIGNSTATUS KEY:ISSUED FOR:DRAWING No:DRAWING TITLE:CLIENT:PROJECT:DATE: SCALE: DRAWN BY:G E N E R A L N O T E S- Information on large scale drawings / details will typically supersede general arrangement drawings.- All dimensions to be checked on site.- Any discrepancies to be reported to the Architect prior to construction.- Drawing to be read in conjunction with the relevant consultant's drawings and any discrepancies reported.- Work to figured dimensions only.- Do not scale from drawing unless otherwise instructed.E: info@agparchitects.ieT: +353 1 478 43005 Rosemount TerraceDundrum Road,Dundrum,Dublin 14.30.05.19F1FIRE SAFETY CERTIFICATEN28.06.19T1ISSUED FOR TENDER30.05.19D1DISABILITY ACCESS CERTIFICATE13.03.20243PLANNING APPLICATIONCYAL50377470© Tailte Éireann – Surveying.