25209
demolition of existing wall at Bohernamona Road, Thurles and creation of new vehicular and pedestrian entrance from Bohernamona Road, creation of new crossing point via raised table from the application site to the existing playpark at Loughtagalla Park, Bohernamona Road, development of 50 residential units, public and private open space, private and visitor car parking spaces, associated drainage and infrastructure works, all tree planting and landscaping and earthworks, all roads, footpaths, cycle paths, public lighting and associated works and services. This application represents a Phase 2 development proposal. A Phase 1 planning application (ref: 20/1172) has been lodged for lands to the west of the site. A Natura Impact Statement ('NIS') accompanies the planning application.
Core Refusal Reason
The application failed to meet the statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000, specifically regarding the timing of the application, the lack of substantial works completed, and the legal requirement for an Appropriate Assessment.
Decision Maker's Conclusion
- The Planning Authority is not satisfied that substantial works have been carried out pursuant to the original permission (Planning Ref 21279) as required under Section 42(1)(a)(i)(III) of the Act.
- The application was submitted prematurely, more than one year before the expiration of the appropriate period, which is contrary to the requirements of Article 42 of the Planning and Development Regulations 2001.
- A screening process determined that an Appropriate Assessment (AA) is required in relation to the remaining works, which under Section 42(8) of the Planning and Development Act 2000 precludes the granting of an extension of duration.