22446

to construct (1) 132 no. houses comprising 5 no. single storey detached houses, 8 no. detached 2 storey houses, 30 no. 2 storey semi detached houses, 50 no 2 storey semi-detached houses, 39 no 2/3 storey terraced houses. (2) 6 no. 2 bed apartements/creche/2 no. shop units and associated signage in 1 no. 3 storey block. (3) All associated site development works to include car parking, riverside walk/access, playground and amenity areas, roads, paths and boundaries/landscaping. (4) All associated services including foul sewage sump and pumping plant, development of the full capacity of a water supply bore hole on site with pump house and treatment plant and 80m cubed water storage tank to supply water to the development and adjoining areas. (5) 2 no. ESB sub-stations and 1 no. meter room (gross floor space 17,117.8sqm)( Previous planning ref no.08/2336) Previous planning Ref. No. 14/502 & 18/741

Refused

Core Refusal Reason

The application failed to meet the statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000, as it was submitted after the expiry of the previous permission and the potential for significant environmental effects on European sites could not be excluded.

Decision Maker's Conclusion

  • The application was not submitted prior to the expiration of the previous appropriate period (31st December 2021), failing to comply with the timing requirements of Section 42 of the Planning and Development Act 2000.
  • The Planning Authority was not satisfied that an Appropriate Assessment would not be required, as significant effects on the Coole Garryland Complex SAC and SPA could not be definitively ruled out.
  • The proposal does not accord with the specific provisions of Section 42(1) and Section 42B of the Planning and Development Act 2000 (as amended) regarding the granting of further extensions of duration.

Cited Policies (CDP)

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

Decision Document Summary

This application by Newmar Developments sought a third extension of duration for a large-scale residential development comprising 132 houses, apartments, and a creche at Ballyhugh, Gort, Co. Galway. Although construction was significantly advanced with 35 houses complete and others at various stages, Galway County Council refused the extension. The refusal was primarily based on the application being lodged after the previous permission had already expired and the inability of the planning autho...
SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.