Core Refusal Reason
The application for extension of duration was submitted after the expiry of the planning permission's appropriate period and the Planning Authority determined that an Appropriate Assessment would be required, which legally precludes an extension under Section 42 of the Planning and Development Act.
Decision Maker's Conclusion
- The application was not lodged prior to the end of the appropriate period (30th December 2021), thus failing to comply with the mandatory requirements of Section 42(1)(d) of the Planning and Development Act 2000 (as amended).
- The Planning Authority determined that an Appropriate Assessment is required due to potential significant effects on the Coole Garryland Complex SAC and SPA, which prohibits the granting of an extension of duration under Section 42(1).
- While substantial works had been carried out on the 73-unit housing development, the statutory timelines and environmental assessment requirements were not met to allow for a further extension of the permission.
Cited Policies (CDP)
Policy NHB 1Objective DS 6Objective NHB 2Objective NHB 3Objective AFF 5DM Standard 40
Decision Document Summary
This application sought an extension of duration for a change of house plans (Ref. 20/1010) for a 73-unit residential development at Ballyhugh, Gort, Co. Galway. Although the development was under construction with 45 houses at various stages of completion, the application was refused primarily because it was lodged on 4th April 2022, several months after the permission had expired on 30th December 2021. Additionally, the Planning Authority concluded that significant environmental effects on the...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.