22636

for development at Kilcolgan Castle Stables (Protected Structure RPS300). The development will consist of permission for the following 1. The construction of a two storey extension to the south east gable. 2. Internal works involving the removal of the existing stairs and kitchen 3. The forming of 3. no. openings in the External walls 1 no. at ground floor level and 2 no.. at the first floor level. 4. The construction of an external escape stairs to the North Eastern Elevation including a new dormer roof over the door. 5. The removal of the existing glazed timber door from the front elevation and construction of a new fixed glazed panel. 6. Amendments to the internal layout at both ground and first floor. Gross floor space 111.4sqm

Refused

Core Refusal Reason

The application for an Extension of Duration failed to meet the statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), as the development had not commenced and no substantial works had been carried out prior to the application.

Decision Maker's Conclusion

  • The legislative mechanism under Section 42(1)(a)(ii) for securing an extension of duration for development that has not yet commenced was omitted by the 2016 and 2018 Acts and is no longer available for applications lodged after September 9th, 2021.
  • A site inspection conducted on June 29th, 2022, confirmed that the consented residential development at Kilcolgan Castle Stables has not commenced, nor have any substantial works been completed on foot of the parent permission (Pl Ref. 16/1704).
  • The application fails to satisfy the mandatory criteria set out in Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires that the development must have commenced and substantial works must have been carried out before the expiration of the appropriate period.

Cited Policies (CDP)

Policy Objective RH 9Policy Objective NBH 1Policy Objective NHB 3Policy Objective WR 1Policy Objective LCM 1Policy Objective LCM 3Policy Objective WW 6Policy Objective WW 11Policy Objective AH 2Policy Objective ARC 4Policy Objective ARC 9Policy Objective ARC 10DM Standard 11DM Standard 28DM Standard 36DM Standard 38DM Standard 46DM Standard 47DM Standard 58DM Standard 61DM Standard 68

Decision Document Summary

This application sought a five-year Extension of Duration for a previously permitted development (Pl Ref. 16/1704) at Kilcolgan Castle Stables, a Protected Structure in Kilcolgan, Co. Galway. The permitted works included a two-storey extension, internal alterations, and the formation of new openings. Although the Planning Authority was satisfied that the proposal would not result in adverse flood risk or significant effects on nearby Natura 2000 sites, the application was refused on legal ground...
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