237009

extension of permission for planning ref 18/161: an extension to the existing established pre school to provide full time day care crèche facilities. This will involve the change of use of the existing adjoining Public house and changes to the current signage. The proposed opening hours are as follows: 7.15am to 6.30pm Monday to Friday. It will also include the provision of off street parking to rear, an external play area and reopening of former windows, (2 in number) on the west gable elevation & 1 no. on the Main street elevation

Refused

Core Refusal Reason

The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) because the development had not commenced and no substantial works were carried out during the appropriate period of the original permission.

Decision Maker's Conclusion

  • A site inspection conducted on May 25th, 2023, and the applicant's own submission confirmed that no works have commenced on the site to date.
  • Under Section 42 of the Planning and Development Act 2000 (as amended), a planning authority can only extend the duration of a permission if substantial works were carried out during the initial period.
  • As the development has not commenced, the application fails to satisfy the mandatory legal criteria for extending the duration of the planning permission ref 18/161.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for a previously granted permission (Ref: 18/161) at Buttercup Preschool, Main Street, Ballylanders, Co. Limerick. The original project involved an extension to the existing preschool, the change of use of an adjoining public house to a crèche, and associated site works including a play area and parking. The local authority refused the extension because a site inspection revealed that no works had commenced on-site. Consequently, the proposal fail...
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