Core Refusal Reason
The application for extension of duration was submitted after the original planning permission had expired and the Planning Authority could not rule out the requirement for an Appropriate Assessment.
Decision Maker's Conclusion
- The application was not lodged prior to the expiry of the appropriate period of the parent permission (ref: 19/989), which expired on December 30th, 2021, thereby failing to comply with Section 42(1)(d) of the Planning and Development Act 2000 (as amended).
- The Planning Authority is not satisfied that the proposed extension would not have likely significant effects on the Coole Garryland Complex SAC and SPA, meaning the development cannot be screened out for Appropriate Assessment.
- Under Section 42 of the Act, a Planning Authority shall not extend the appropriate period if an Appropriate Assessment would be required in relation to the proposed extension.
Cited Policies (CDP)
Policy NHB 1Objective DS 6Objective NHB 1Objective NHB 2Objective NHB 3Objective AFF 5DM Standard 40
Decision Document Summary
Newmar Developments sought an extension of duration for planning permission (ref: 19/989) concerning the change of house plans on 16 sites within a larger housing development at Ballyhugh, Gort, Co. Galway. Galway County Council refused the request because the application was submitted in April 2022, four months after the original permission had expired in December 2021, violating statutory requirements for such extensions. Furthermore, due to the site's proximity to the Cannahowna River and the...SOURCE PDFOpen Original
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