25144
improvements to the boat mooring facilities at the western shoreline of the north jetty at the applicant's landholding to include a) removal of existing timber edge decking, localised re-alignment of the shoreline on the south-western section of the north jetty with new c. 2 m wide walkway/pier edge constructed on a line of a new stone filled galvanised steel mesh gabions topped with sustainable hardwood jetty edging and bitmac path onshore, b) proprietary "Versa-Dock" part floating docking system for mooring an RNLI rescue rigid inflatable boat (RIB) to facilitate rapid launching in emergencies and safe mooring of the RIB, c) low bollard type (c. 1.4 m high) safety lighting, d) underground services - electrical supplies, cables, hubs, water supplies from the existing LDYC water services system, e) domestic effluent pump-out station for sailing and motor boats (mainly cruisers) with receiving/pumping station to connect to existing foul effluent sewerage system at the Club, associated drainage and site works, f) landscaping enhancements - selection of indigenous tree species to provide wind protection to the moorings and to provide screening from the lake
Core Refusal Reason
The application for an extension of duration was refused because the development requires an Appropriate Assessment (AA), which is a statutory bar to granting an extension under Section 42(8) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The proposed development is located within the Lough Derg (Shannon) Special Protection Area (SPA), and screening has determined that an Appropriate Assessment (AA) is required due to potential impacts on habitat and species.
- Under Section 42(8) of the Planning and Development Act 2000 (as amended), a planning authority shall not extend the appropriate period of a permission if an Appropriate Assessment would be required in relation to the proposed extension.
- While the development has commenced on-site and satisfies other criteria for an extension, the mandatory requirement for an Appropriate Assessment legally precludes the Planning Authority from granting the request.