24322

for the provision of a Warehouse Unit to include for ancillary office space, ancillary customer collection area and associated signage. The overall development to include for car parking, service yard, a new access roadway from the existing Deerpark Estate Roadway (L81081) and connection to all associated services. Gross floor space of proposed works: 3761.71 sqm

Refused

Core Refusal Reason

The application failed to meet the mandatory legislative requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), as development had not commenced and no substantial works were carried out prior to the expiration of the parent permission.

Decision Maker's Conclusion

  • The application must be assessed under Section 42(1)(a)(i) of the Act because the previous provision for extensions based on commercial/technical delays (Section 42(1)(a)(ii)) was deleted by Section 28(1) of the 2016 Act.
  • Both the applicant's submission and a site inspection on 4th December 2024 confirmed that development had not commenced and no substantial works had been carried out on foot of the parent permission (Ref. 19/1278).
  • There is no longer a legislative provision to facilitate the extension of duration for developments that have not yet commenced or had substantial works completed subsequent to 9th September 2021.

Cited Policies (CDP)

Volume 2 of the County Development Plan 2022-2028

Decision Document Summary

This application sought an Extension of Duration (EOD) for a warehouse development previously approved under Planning Ref. 19/1278 at Deerpark, Oranmore, Co. Galway. The project comprised a 3,761.71 sqm warehouse unit with ancillary offices, customer collection area, and associated infrastructure. The Planning Authority refused the extension because the development had not commenced and no substantial works were performed before the parent permission's expiry on 17th November 2024. Due to legisl...
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