211836

Extension of Duration of Planning Ref. No. 07/723 - (a) continuance of use of the existing sand and gravel pit and ancillary activities on lands (26.6 hectares) that have been used for this purpose since before 1st October 1964 on a site registered under Section 261 of the Planning and Development Act 2000 (Quarry Reference QR24) and (b) Extension of sand and gravel pit beyond Section 261 area boundary (15.1 hectares)

Refused

Core Refusal Reason

The application was refused because the original permission was granted for a limited period, making it ineligible for an extension under Section 42 of the Planning and Development Act, and because the Planning Authority could not rule out the requirement for a sub-threshold Environmental Impact Assessment (EIA).

Decision Maker's Conclusion

  • The original permission (Reg. Ref. 07/723) was granted for a limited period as per Condition 2, and under Section 40(2) of the Planning and Development Act 2000, the Planning Authority is precluded from granting an extension of duration for such permissions.
  • Granting an extension would materially contravene Condition 2 of the parent permission, which explicitly required extraction activities to cease by a specific date unless a new planning permission was obtained.
  • The Planning Authority is not satisfied that the proposed extension would not require a sub-threshold Environmental Impact Assessment (EIA), thereby failing to meet the mandatory requirements for an extension under Section 42(8) of the Act.

Cited Policies (CDP)

Decision Document Summary

Noel Lawler Sand and Gravel Limited sought an extension of duration for a quarry development at Portersize and Timolin, Ballitore, Co. Kildare, originally permitted under Reg. Ref. 07/723. The site is located 1.4km east of Ballitore village and comprises a partially worked quarry. Kildare County Council refused the application primarily because the parent permission was granted for a limited duration, which legally excludes it from the extension of duration provisions of the Planning and Develop...
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