22/4524

A residential development comprising the construction of 85 number dwelling houses and all associated ancillary development works including vehicular access, parking, footpaths, foul and storm water drainage (including the provision of a surface water attenuation tank), landscaping and amenity areas at Annebella (townland), Mallow, Co.Cork. Extension of Duration to Permission granted under Planning Ref. No. 21/6648, 15/6970, Bord Pleanala Appeal reference no. PL04.247607

Refused

Core Refusal Reason

The Planning Authority is legally precluded from granting an extension of duration under Section 42(8) of the Planning and Development Act 2000 because the development requires an Appropriate Assessment.

Decision Maker's Conclusion

  • The application pertains to an extension of duration for a previously permitted residential development under planning references 15/6970 and PL04.247607.
  • A determination was made that an Appropriate Assessment is required in relation to the proposed extension of duration for the project.
  • Pursuant to Section 42(8) of the Planning and Development Act 2000 (as amended), the Planning Authority is prohibited from granting an extension where such an assessment is necessary.

Cited Policies (CDP)

Decision Document Summary

The applicant sought an extension of duration for a residential development comprising 85 dwelling houses at Annabella, Mallow, Co. Cork, originally authorized under planning reference 15/6970. The proposal was refused because the Planning Authority determined that an Appropriate Assessment (AA) is required for the extension. Under Irish planning legislation, specifically Section 42(8) of the Planning and Development Act 2000, a local authority is strictly precluded from considering or granting ...
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