Core Refusal Reason
The application was refused because the development, a commercial hotel extension, had not commenced and does not qualify for an extension of duration under the new legislative provisions of the 2025 Act which are restricted to un-commenced residential developments.
Decision Maker's Conclusion
- The development is classified as a commercial hotel extension and does not meet the criteria for 'one or more houses' required to benefit from the extension provisions for un-commenced developments under the Planning and Development (Amendment) Act 2025.
- No substantial works were carried out pursuant to the original permission (Reg. Ref. 19/724) prior to the application for extension.
- The Planning Authority is statute-barred under Section 42(a)(i)(I) of the Planning and Development Act 2000 (as amended) from granting an extension of duration for a non-residential development that has not yet commenced.
Cited Policies (CDP)
Decision Document Summary
Auburn Ventures applied for an extension of duration for a previously granted permission (Reg. Ref. 19/724) to construct a 75-room, four-storey extension to the Kilkenny Inn Hotel at 15 Vicar Street, Kilkenny. The applicant argued that the building's intended use as an International Protection Accommodation Services (IPAs) centre should qualify it as a residential development under the 2025 Amendment Act. However, the Planning Authority determined the proposal remains a commercial hotel developm...SOURCE PDFOpen Original
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