211259

EXTENSION OF DURATION OF 16/217: Permission for the following:-(i) Demolition of (a) two storey sports hall and single storey science block ( modern extensions to the St. Mary`s School), (b) outbuildings within the curtilage of the Protected Structure and (c) boundary stone wall to Nicholas Street, (ii) Construction of the following (a) a three storey apartment block - with solar panels at roof level - of nine apartments, six number x one bed and three number x two bed, all with balconies or ground floor terraces, (b) eight number three storey duplexes with solar panels at roof level, containing eight x two bed ground floor apartments with private open space to the rear, and eight x three bed duplex apartments at the first and second floor with enclosed terrace at first floor level, (c) twenty five number storage sheds and bicycle sheds to the rear of duplex apartments with pedestrian access path, (iii) fifty eight no. car parking spaces to serve the overall education and residential development, (iv) boundary railing, redesigned open space and seven no. car parking spaces to serve the existing Cerdon Community, (v) Change of use of existing Gospel Hall from educational use to Community use, (vi) New vehicular entrance off Nicholas Street, (vii) Landscaped public open spaces to serve the residential and educational use, (viii) Bicycle parking for thirty two bicycles for educational use, (ix) refurbishment, reconfiguration, and realignment of interface wall and fenestration between demolished two storey sports hall and original school building. The planning application includes all site works, drainage, including foul and surface water drainage, pedestrian paths, landscaping, boundary treatment, electricity sub station, all on a site to the side and rear of St. Mary`s School and St. Mary`s Church (Protected Structures NIAH_Nos. 13702026, 13702025, 13702023). The site is bounded by St. Mary`s Road, Nicholas Street, Wellington Place, and entrance road to new school

Refused

Core Refusal Reason

The application for an extension of duration was refused because the development had not commenced, and legislative changes have removed the provision for extending permissions for un-commenced developments.

Decision Maker's Conclusion

  • The development granted under planning reference 16/217 at St. Mary's College has not commenced.
  • Legislative amendments commenced on 9th September 2021 deleted Section 42(1)(a)(ii) of the Planning and Development Act 2000, thereby removing the possibility of an extension of duration for un-commenced developments.
  • As no development has taken place, the proposal is contrary to Section 42 of the Planning and Development Act 2000 (as amended) and the proper planning and sustainable development of the area.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for a previously permitted large-scale residential and educational development (Ref 16/217) involving the demolition of existing structures and the construction of apartments, duplexes, and associated works at St Mary's Road/Nicholas Street, Dundalk. Louth County Council refused the extension because the development had not yet commenced. Under current legislation, specifically amendments to the Planning and Development Act 2000 effective from Sep...
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