22980

to (A) demolish existing conservatory (B) form archway in existing building (C) Construct new two storey extension (D) Construct new bedroom block (E) construct 6 no. detached sleeping pods (F) upgrade existing wastewater treatment system (G) associated site works at The Connemara Hostel, Tullyconor Leenane. (Gross floor space 616.56sqm)

Refused

Core Refusal Reason

The application for an Extension of Duration was refused because the development had not commenced and no substantial works were carried out prior to the expiration of the parent permission, failing to meet the mandatory statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

  • A site inspection conducted on 4th October 2022 confirmed that the development permitted under Reg. Ref. 17/1142 had not commenced and no substantial works had been carried out on-site.
  • Legislative amendments introduced by the Planning and Development (Housing) and Residential Tenancies Act 2016 removed the provision (formerly Section 42(1)(a)(ii)) that allowed for extensions of duration based on commercial or economic considerations where works had not started.
  • The application fails to satisfy the criteria of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which necessitates that works must have commenced and been substantial before an extension can be legally granted.

Cited Policies (CDP)

NBH 1NHB 2NHB 3WR 1DM Standard 50

Decision Document Summary

This application sought a five-year Extension of Duration for a previously permitted development at The Connemara Hostel, Tullyconor, Leenane, which included a new bedroom block, sleeping pods, and building extensions. Although the applicant cited the impact of Covid-19 on the hospitality industry and procurement as the reason for the delay, the Planning Authority confirmed via site inspection that no works had commenced. The application was refused because current planning legislation no longer...
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