23435

to Extend the Appropriate Period of Planning Permission for P18/178 for the construction of a 44 bedroom two storey over part basement nursing home ( floor area = 3161m2), a standalone single storey services building ( floor area = 40m2 ), a standalone single storey grounds keeping store ( floor area = 22m2), together with the provision a proprietary waste water treatment system and sand polishing filter, 35 no. car parking spaces and all associated site works. permission was previously granted on the site for a two storey nursing home and day care centre development under planning register reference no. P10-358 with permission extended for same under planning register reference P16-98. This application is accompanied by a Natura Impact Statement

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) as no substantial works had been carried out and the development would not commence before the expiration of the original permission.

Decision Maker's Conclusion

  • The Planning Authority is not satisfied that the development to which permission P18/178 relates was commenced or will commence before the expiration of the appropriate period.
  • No substantial works were carried out pursuant to the original permission during the appropriate period as required by Section 42(1)(a)(i) of the Planning and Development Act 2000.
  • Current legislation no longer provides for extensions based on commercial, economic, or technical delays where development has not commenced, following amendments by the 2021 Regulations.

Cited Policies (CDP)

Decision Document Summary

Sayal Healthcare Ltd. sought to extend the appropriate period of planning permission (P18/178) for a 44-bedroom nursing home and associated site works at Ardnataggle, O'Brien's Bridge, Co. Clare. The application was refused because a site inspection confirmed that no works had been carried out to date, and the applicant indicated construction would not begin until January 2025, which is after the original permission's expiry. Consequently, the proposal failed to meet the mandatory statutory requ...
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