23584

to Extend the Appropriate Period of Planning Permission of P18/840 to RETAIN the alterations to the existing commercial unit and planning PERMISSION for material change of use from an existing commercial unit to a proposed restaurant with a seating area along with all associated site works

Refused

Core Refusal Reason

The application failed to meet the statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended) because no works had commenced and no substantial works had been undertaken on the site prior to the application for an extension of duration.

Decision Maker's Conclusion

  • A site inspection conducted on 13th December 2023 confirmed that no works had been carried out to date, meaning the development to which the permission relates had not commenced.
  • The application does not comply with Section 42(1)(a)(i) of the Planning and Development Act 2000, which requires the Planning Authority to be satisfied that substantial works were carried out pursuant to the permission during the appropriate period.
  • Legislative amendments in 2021 removed previous provisions that allowed for the extension of a planning period where work had not commenced due to commercial or economic reasons, leaving no legal basis to grant the extension.

Cited Policies (CDP)

Decision Document Summary

Joe Whelan Ltd applied for an extension of the appropriate period for planning permission P18/840, which related to the retention of alterations and a material change of use to a restaurant at Ennis Road, Kilrush, Co. Clare. While the application was submitted within the correct timeframe, the Planning Authority refused the request because a site inspection revealed that no construction works had commenced. Under current Irish planning law, specifically Section 42 of the Planning and Development...
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