Bundoran hotel refused planning permission extension due to law change

The Holyrood Hotel in Bundoran was refused an extension of its planning permission duration for significant developments due to a legislative change.

A retention permission was sought from Donegal County Council by the 91-bedroom hotel, for permission received in October 2020, for several developments, including an audiovisual display area at the lower ground floor level, a gallery/display area, a retail unit and reception area at ground floor level, office space at first and second floor level, a car park containing 20 spaces, 13 bicycle stands and loading bay, and all associated site works.

The development was only authorised when a “Notification of Final Grant” was issued in November 2020, and the permission issued would cease to have effect in five years from the date of issue as regards any part of the development not completed by that date. 

However, Donegal County Council refused the retention permission sought, due to the fact of a legislation change from September 2021, and that works had yet to be started. 

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It was stated that the “applicant is advised following a change in legislation in September 2021, it is no longer possible to extend the duration of a development that has not commenced or where substantial works have not been carried out and on the basis of considerations of “commercial, economic or technical nature” beyond the control of the application. Section 42 (1) (a) (ii) of the Act was deleted.”

The reason stated by the Senior Executive Planner, and Executive Planner of Donegal County Council was: “Having regard to the fact that the development to which planning permission relates has not commenced before the expiration of the appropriate period sought to be extended, as required by Section 42 (1)(a)(i)(II) of the Planning and Development Act, 2000 (as amended), and having regard to the fact that substantial works have not been carried out pursuant to that permission, as required by Section 42 (1)(a)(i)(III) of the Planning and Development Act, 2000 (as amended), it is considered that to extend the appropriate period would be contrary to Section 42(1)(a)(i) of the Planning and Development Act, 2000 (as amended) and would thereby be contrary to the proper planning and sustainable development of the area.”