4172/23
The development consists of permission was granted on 12th February 2019 by An Bord Pleanala (Reg. Ref. 3353/18 and ABP-302507), for a period of 2 years to operate the conference centre at the hotel subject to conditions relating to (a) the use and opening hours of the conference centre, (b) the noise level not to be exceeded from the conference centre. Condition three of the permission required the operation of the conference centre to be reviewed before February 2021. That permission has now expired. An application was submitted (Reg. Ref. 3529/20) before that date but was subsequently considered withdrawn by the Planning Authority. This application seeks to relodge that application and permission is now sought to continue to operate the centre subject to the remaining conditions in the permission applying to the centre and without the need to repeatedly apply every 2 years.
Core Refusal Reason
The application seeks to vary conditions of a planning permission that has already lapsed, which is legally impermissible.
Decision Maker's Conclusion
- The parent permission (Reg. Ref. 3353/18) was a temporary grant for a two-year period which has since expired or 'withered'.
- It is not legally possible to amend or vary the conditions of a planning permission that is no longer in effect.
- Granting the application would result in a material contravention of Condition 1 of the original permission, which strictly limited the duration of the grant.
Cited Policies (CDP)
Decision Document Summary
The applicant sought to vary conditions of a previous temporary permission at the Bonnington Hotel, Swords Road, Dublin 9. The original grant (Reg. Ref. 3353/18) allowed for a specific use for a period of two years, after which the use was required to revert to conference use. As this two-year period has concluded without a further grant of permission, the planning authority determined that the permission has lapsed. The application was refused on the grounds that conditions of a lapsed permissi...PDF Document Missing
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