215676

A residential development comprising the construction of 70 no. dwelling houses and all associated ancillary development works including access, parking, footpaths, drainage (including the provision of a pumping station), landscaping and amenity areas (the proposed residential development will replace 74 no residential units previously permitted under 06/8157 and extended under 12/4853). - Extension of duration of permission granted under planning reference: 15/6969 - An Bord Pleanála reference: PL04.247875

Refused

Core Refusal Reason

Failure to meet the requirements of Section 42 (1) (aii) (IV) of the Planning and Development Act due to the absence of a required Appropriate Assessment.

Decision Maker's Conclusion

  • An Appropriate Assessment is now required for the development due to changed circumstances regarding the Midleton Wastewater Treatment Plant.
  • No Appropriate Assessment has been completed or submitted in respect of the subject proposal.
  • The application fails to satisfy the specific statutory requirements of Section 42 of the Planning and Development Act, meaning the life of the parent permission cannot be extended.

Cited Policies (CDP)

Decision Document Summary

The proposal involved an application to extend the duration of a parent permission for a residential development of 70 dwelling houses at 'Abbey Wood', Baneshane, Midleton. The planning authority refused the extension because the project no longer complied with Section 42 of the Planning and Development Act. Specifically, changes in the status of the Midleton Wastewater Treatment Plant necessitated an Appropriate Assessment that was not part of the original assessment, thereby legally prohibitin...
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