SD16A/0064/EP
Change of use of 6,299sq.m of the existing interlinked complex of buildings of 18,984sq.m from a mix of ancillary warehouse, packaging, logistics and research and development uses within Blocks E, G and K to an independent office based industry use that would function independently to the remaining Xilinx facility and could be sub-let and subdivided. An area of existing office space of 1,591sq.m at the second floor within Block G will also be sub-let creating an overall independent office based industry use of 7,890sq.m. The development will include the removal of the mezzanine level above the ground floor of Block G (201sq.m) that will reduce total floor area of facility to 18,783sq.m. The development will also consist of the amendment of Condition no. 6 of S94A/0344 and S99A/0908 so that the new independent office based industry use of 7,890sq.m can be sub-let and subdivided and so that the existing office space (10,893sq.m) is not integral or ancillary to the non office uses that are subject of this change of use application. Minor elevation changed are also proposed, including a new entrance within the north elevation of Block E, and additional glazing to the north, west and south elevation of Block G. The remaining Xilinx facility (10,893sq.m) will continue as per its permitted uses. The new office based industry use will be served by the reconfigured 197 car parking spaces of the 568 permitted car parking spaces serving the site with vehicular access via the existing secondary entrance off Bianconi Avenue. 371 spaces will continue to serve the remaining Xilinx facility. Retention permission is also sought for the generator compound (391sq.m) consisting of three generators along with three transformers and ancillary 3 diesel tanks and perimeter treatment on a permanent basis on the southern perimter of the site with Orchard Avenue. The development will include all ancillary landscaping and site development works.
Core Refusal Reason
Failure to demonstrate that substantial works were carried out during the original permission period as required by the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The application fails to meet the statutory criteria set out in Section 42 of the Planning and Development Act 2000 (as amended) regarding the progression of development.
- No evidence was provided to confirm that substantial works had been completed on the site prior to the expiration of the original permission.
- The Planning Authority is legally prohibited from granting an extension of duration when the mandatory requirement for substantial commencement and progress is not satisfied.