212139

for the construction of a mixed use commercial development, comprised as follows:1.The construction of a new entrance junction from the N17 to serve the proposed development. 2. The demolition of an existing two-storey public house, restaurant and taxi office and for the construction of a two-storey building (referred to as Block No. 4) that will provide for the replacement public house and restaurant, a bookmakers office, a taxi office and a commercial/retail unit at ground floor level. The first floor will consist of 4 no. commercial office units, deck amenity area and enclosures for plant associated with the block. This block is adjacent to a protected structure, register reference number 109. 3. The demolition of a kiosk associated with the existing filling station and the demolition of an existing two storey structure containing a bookmakers and garage at ground floor level and residential accommodation at first floor level, and for the construction of a revised filling station, forecourt and a mixed use three storey building (referred to a Block No. 1) consisting of a commercial shop and deli with seating, at ground floor level, 2 no. commercial office units at first floor level, 2 no. commercial office units at second floor level. And for all ancillary site works, landscaping, parking areas, civil works, forecourt civil works and services. 4. The construction of a two storey building (referred to as Block No. 3) consisting of a commercial retail/office at ground floor level and an apartment at first floor level. 5. The construction of a single storey car-wash and valet building (referred to as Block No. 2). The car-wash utilises rainwater harvesting. 6. For all associated open spaces, landscaping, parking areas, bin stores and all ancillary site works and services (gross floor space 2072.7sqm)

Refused

Core Refusal Reason

The application for an extension of duration was refused because no development had commenced on-site, and legislative amendments have removed the provision to extend planning permissions for un-commenced developments.

Decision Maker's Conclusion

  • No physical development or substantial works have commenced on the site in relation to the parent planning permission (Ref. 15/1555).
  • Legislative changes introduced by Section 28(1) of the 2016 Act and Section 57 of the 2018 Act have omitted the possibility of extending the duration for un-commenced developments.
  • The proposal fails to comply with the mandatory statutory requirements of Section 42(a) and 42(b) of the Planning and Development Act 2000 (as amended).

Cited Policies (CDP)

Decision Document Summary

The applicant sought an extension of duration for a previously approved mixed-use commercial development in Claregalway, which included the construction of retail units, offices, apartments, and a car wash. Galway County Council refused the application primarily because no development works had commenced on the site since the original permission was granted. The planner determined that under current planning legislation, specifically amendments that came into effect in September 2021, the planni...
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