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EXTENSION OF DURATION OF 19590 (ABP-304782-19) - SHD: STAGE 3 Application lodged with An Bord Pleanála (ABP Ref. 304782-19) on 27/6/19 - Stage 2 ref no. 181036. Permission for a Strategic Housing Development to consist of 483 no. dwellings, a childcare facility of 677 sqm, a new access junction and works to the Blackrock Road, 2 no. pedestrian and cyclist accesses onto Bóthar Maol, landscaped open spaces, internal roadways and potable, surface and foul water infrastructure. The proposed residential element of 483 no. units comprises of 258 no. detached, semi-detached and terraced houses, 213 no. apartments in 7 no. apartment blocks, and 6 no. own-door apartments and 6 no. duplex units in 2 no. duplex over apartment blocks. The 258 no. houses comprise; 22 no. Type TA 5 bed 2.5 storey detached houses, 19 no. Type TB 5 bed 2.5 storey detached houses, 10 no. Type TC 4 bed 2.5 storey detached houses, 7 no. Type C1 4 bed 2.5 storey detached houses, 3 no. Type TD 4 bed 2 storey detached houses, 23 no. Type TE 4 bed 2 storey detached/semi detached houses, 7 no. Type TF 4 bed 2 storey detached houses, 50 no. Type TG 4 bed 2 storey detached/semi detached houses, 9 no. Type TH 3 Bed 2 storey detached houses, 9 no. Type TH1 3 Bed 2 storey detached houses, 37 no. Type TI 3 Bed 2 storey semi detached/ terraced houses, 61 no. Type TJ 3 Bed 2 storey detached/semi detached/terraced houses, and 1 no. Type DB 4 bed detached bungalow. The 213 no. apartment units, 6 no. own-door apartments and 6 no. duplex units comprise of; 54 no. Type A01 1 bed apartments, 10 no. Type D01 1 bed apartments, 48 no. Type A02 2 bed apartments, 48 no. Type A03 2 bed apartments, 42 no. Type A04 2 bed apartments, 6 no. Type D02 2 bed apartments, 5 no. Type D03 2 bed apartments, 6 no. Type DP 2 bed own door apartments, 6 no. Type DP 3 bed own-door duplexes. The duplex over apartment units are 3 storeys in height, the proposed apartment Blocks A, B, C, E, F, and G are 4 storeys in height, and Block D is 3 storeys. Blocks A, B and F accommodate underground car parking. The proposed 2 storey childcare facility of 677 sqm has an outdoor play area of 660 sqm and is located near the main entrance to the site. A total of 824 no. car parking spaces and 512 no. bicycle spaces are proposed. ABP Opinion 12.02.19

Refused

Core Refusal Reason

The application for an Extension of Duration was refused because the planning authority was not satisfied that substantial works had been carried out before the expiration of the original permission and because the extension would require an Environmental Impact Assessment (EIA) and a Natura Impact Assessment (NIA).

Decision Maker's Conclusion

  • The Planning Authority is not satisfied that substantial works were carried out pursuant to the permission prior to the expiration of the appropriate period on 15th January 2025.
  • The applicant failed to demonstrate a bona fide intention to complete the permitted development, particularly as they have engaged in pre-planning for a different residential scheme on the same site.
  • The proposed extension of duration is legally precluded under Section 42(8) of the Act as the remaining works would require both an Environmental Impact Assessment (EIA) and a Natura Impact Assessment (NIA).

Cited Policies (CDP)

Decision Document Summary

Marina Quarter Ltd sought an Extension of Duration for a Strategic Housing Development (SHD) comprising 483 dwellings and a childcare facility at Blackrock Road, Haggardstown, Dundalk. Louth County Council refused the application primarily because the works undertaken to date were deemed insubstantial and failed to meet the statutory threshold for an extension. Furthermore, the inspector noted that the applicant's pursuit of a new Large-scale Residential Development (LRD) on the same lands under...
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