Core Refusal Reason
The application was refused because an Environmental Impact Assessment (EIA) is required for the development, which under Section 42(8) of the Planning and Development Act 2000 (as amended), precludes the planning authority from granting an extension of duration.
Decision Maker's Conclusion
- The proposed development involves the extension of a sand and gravel pit with an area of 7.11 hectares, which exceeds the 5-hectare threshold for mandatory Environmental Impact Assessment (EIA) under Class 2(b) of Schedule 5, Part 2 of the Planning and Development Regulations 2001.
- Section 42(8) of the Planning and Development Act 2000 (as amended) explicitly states that a planning authority shall not extend the appropriate period of a permission if an EIA or an Appropriate Assessment (AA) would be required in relation to the proposed extension.
- As an EIA is required for the proposed extension of duration of planning application reference 05510590, the proposal fails to satisfy the statutory requirements for an extension of the appropriate period.
Cited Policies (CDP)
Decision Document Summary
Andy Fogarty Sand and Gravel Ltd. sought a five-year extension of duration for a planning permission (Ref: 05510590) relating to the extension of an existing sand and gravel pit at Garrane, Templederry, Co. Tipperary. Although a site visit confirmed that development had commenced, the planning authority determined that the project's scale (7.11ha) makes an Environmental Impact Assessment (EIA) mandatory. Under Section 42(8) of the Planning and Development Act 2000, the authority is legally prohi...SOURCE PDFOpen Original
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