Core Planning Reasoning
The parent planning permission (Ref: 20181380) which the current application seeks to amend has expired. Under Section 40(1) of the Planning and Development Act 2000, the Board is precluded from granting an amendment to a permission that has ceased to have effect.
Decision Maker's Conclusion
- The application is explicitly described as an amendment to the Phase 3 Masterplan (Ref: 20181380) rather than a standalone de novo application, meaning it is legally tied to the duration of the parent permission.
- Condition No. 2, which required the development to be ready for use by November 2024, was deemed unreasonable and contrary to Section 41(1)(a) of the Act, which generally mandates a minimum 2-year duration for permissions.
- As the parent permission expired on 11th April 2024 and no extension of duration was recorded under Section 42, the Board is legally prevented from granting permission for the proposed amendments.
Cited Policies (CDP)
Objective SC01Objective SC05Objective SC06Objective SC17
Decision Document Summary
The proposal seeks to amend a previously approved masterplan at Ard Uisce, Whiterock Hill, Wexford, by relocating a creche and replacing the original design with a new two-storey creche building and a detached single-storey retail unit. The site, currently containing builders' rubble, is situated at the front of a residential development still under construction. While the Inspector considered the design and the principle of the community facilities acceptable, the appeal centered on a Planning ...SOURCE PDFOpen Original
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