2471

for a change of use from storage and offices to a café area on first floor of the existing showroom building. The application is to also to include amendments to the facades and an extension to the side for a proposed stairs and lift. The application is also for proposed signage on the building. Gross floor space of proposed works, 45sqm and change of use: 240sqm

Refused

Core Refusal Reason

The application failed to meet the statutory requirements for an Extension of Duration under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), as substantial works had not been carried out prior to the expiration of the original permission.

Decision Maker's Conclusion

  • The legislative provision (Section 42(1)(a)(ii)) allowing for extensions based on commercial or economic considerations was repealed by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016.
  • The application must be assessed under Section 42(1)(a)(i), which requires that the development commenced and substantial works were carried out before the expiration of the appropriate period.
  • A site inspection on 15th March 2024 confirmed that no substantial works have been completed on foot of the parent permission (Pl. Ref. 18/1352), meaning the proposal does not meet the mandatory criteria for an extension.

Cited Policies (CDP)

Decision Document Summary

This application sought an Extension of Duration for a previously approved development (Pl. Ref. 18/1352) involving a change of use from storage/offices to a café, facade amendments, and a side extension at the Connemara Celtic Crystal Ltd site in Maigh Cuilinn. Galway County Council refused the extension because the legislative pathway for delays due to commercial or economic reasons has been repealed. As a site inspection confirmed that no substantial works had been carried out pursuant to the...
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