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  • Draft Kerry County Development Plan 2015-2021.
    Closing date for Submission 7 Apr 2014

    Draft Leitrim County Development Plan 2015-2021
    Closing date for Submission 11 Apr 2014

    Material amendments to the Draft Cavan County Development Plan 2014-2020
    Closing date for Submission 17 Apr 2014

    Draft Galway County Development Plan 2015-2021
    Closing date for Submission 9 May 2014

    Intention to Prepare a new Dun Laoghaire Rathdown County Development Plan 2016–2022
    Closing date for Submission 14 May 2014

    Please double check closing date if making a submission.

    Published on March 25, 2014 By:David Mulcahy · Filed under: Development Plan Notices; Tagged as: ,
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  • The Molloy Case (Molloy & Ors – v – The Minister for Justice, 2004) found that in circumstances where a planning permission is capable of being implemented and there has been no material structural alteration to the land or property which would render the planning permission incapable of being implemented, a valid planning permission cannot be lost or abandoned. So, for example, in a situation where a planning permission was granted for a car dealership but that use ceased for a period having been implemented, the use as a car dealership can be reawakened if there has been no material structural alteration to the premises.

    A question recently came before the Board as to whether the resumption of a former fuel service station use at Cloncollig Commercial Park, Tullamore, County Offaly is or is not development or is or is not exempted development. The Molloy case was relied upon by the referrer but the Board found that the principles of Molloy did not apply and that the use as a petrol station had been abandoned.

    The lands in question had an authorised use as a filling station permitted and enacted pursuant to planning permission granted in 2001. Planning permission was subsequently granted in 2006 for the demolition of existing structures on site and the redevelopment of the site for a motor retail outlet although the Board were not clear if this planning permission was implemented.

    The Board noted Read the rest of this entry »

    Published on March 25, 2014 By:David Mulcahy · Filed under: Exempted Development, Important An Bord Pleanala Decisions;
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