22460

for development at Rossaveel Fishery Harbour Centre in Rossaveel, Co. Galway. The development will consist of a deep water quay which will provide 200 metres of outside berthing frontage at Rossaveel Harbour. A reclamation area will also be constructed directly behind the deep water quay which will provide a hard surfaced link to the existing onshore. The development will also include low concrete sea walls , a rock armour revetment, access road, lighting, drainage infrastructure and other ancillary site works. An Environmental Impact Statement has been prepared for this development and is included with the planning application. Gross floor area 66800

Refused

Core Refusal Reason

The application for an Extension of Duration was refused because the development had not commenced and no substantial works had been carried out, and the legislative provision previously allowing for extensions based on commercial, economic, or technical delays (Section 42(1)(a)(ii)) has been repealed.

Decision Maker's Conclusion

  • A site inspection confirmed that development permitted under Reg. Ref. 17/967 has not yet commenced and no substantial works have been completed on the subject site.
  • Following the commencement of Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 on September 9th, 2021, the legislative provision to extend duration based on commercial, economic, or technical considerations (Section 42(1)(a)(ii)) was deleted.
  • As the development does not meet the criteria of the remaining Section 42(1)(a)(i), which requires that development must have commenced and substantial works be completed, there is no legislative provision to facilitate the requested extension.

Cited Policies (CDP)

Policy NHB 1Objective DS 6Objective NHB 1Objective NHB 2Objective NHB 3Objective AFF 5DM Standard 40

Decision Document Summary

The applicant sought an Extension of Duration for a previously granted permission (Reg. Ref. 17/967) involving the construction of a 200-metre deep water quay and a reclamation area at Rossaveel Fishery Harbour Centre, Connemara. The Planning Authority refused the application because a site inspection verified that no physical works had commenced on the site. Under current Irish planning legislation, specifically following amendments that repealed the 'economic/technical delay' clause for extens...
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