2236

to Extend the Appropriate Period of Planning Permission P16-892 for a development which will consist of a material change of use in part of Unit No. 3 Westgate Business Park, from that of higher order comparison goods retail warehouse and offices (Ref. Planning Application 03-19) to that of a commercial kitchen unit. The overall unit area is (490.80 meter square) of which (364.00 meter square) will remain unchanged, with the proposed commercial kitchen area of (126.80 meter square) together with associated site works

Refused

Core Refusal Reason

The application for an extension of duration was refused because the development had not commenced and no substantial works were carried out prior to the expiration of the original planning permission, failing to meet the statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000.

Decision Maker's Conclusion

  • The development authorized under planning reference P16/892 had not commenced before the expiration of the appropriate period on February 17, 2022.
  • No substantial works were carried out pursuant to the permission during the original five-year period, as confirmed by the applicant's own submission stating that no works had been carried out to date.
  • The application fails to comply with the mandatory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires that development must have commenced and substantial works be carried out to qualify for an extension.

Cited Policies (CDP)

Decision Document Summary

Corporate Catering Services Ltd. applied for an extension of duration for planning permission P16/892, which involved a material change of use from a retail warehouse to a commercial kitchen at Unit No. 3, Westgate Business Park, Kilrush Road, Ennis. The original permission was granted in February 2017 and expired in February 2022. Clare County Council refused the extension because the applicant failed to demonstrate that the development had commenced or that substantial works had been undertake...
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