Council REFUSE to grant extension on almost 20 year old Tipperary planning permission

Tipperary County Council has refused to grant a further "extension of duration" on planning permission to Majestic Property Developers Limited for an unfinished housing development in Boherlahan.

The development address is at Ardmayle East, Boherlahan, Cashel and the planning permission is for 51 dwellings consisting of 20 detached, 28 semi-detached and three duplex apartments, a creche development with separate site entrance, main service road, main site entrance to include all associated site development works. 

On February 4 of last year, the council did grant an extension of duration to the then applicant Bremore Partnership and attached zero conditions to the extension which gave the planning permission an expiry date of December 31, 2023. 

The council stated at the time that this application made by the applicant Bremore Partnership was for a further extension of duration of planning permission originally granted on July 27, 2005.

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This permission initially expired on July 26, 2010. On August 17, 2010 this permission was extended to May 10, 2013.

On August 10, 2013 it was again extended pursuant to Section 42 of the Planning & Development Act 2000, as amended, and this permission expired on May 10, 2018.

The application was further extended in accordance with Section 42(1A) of the Planning and Development Act 2000, as amended, and expired on December 31, 2021.

The council decided to extend the permission further on February 4, 2022 and the planning permission is due to expire at the end of 2023. 

The development was listed as part of a BidX1 online auction - due to take place on February 17 of 2022 - but there is no  information available about the development on the website currently. 

The advertisement at the time stated that the site boasts full planning permission for a mix of two, three and four-bedroom houses with Part V already complied with.

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The development had a guide price of €250,000 on the BidX1 website at the time. 

In the latest twist in this long-running saga, an application was made for a further extension of duration by an applicant, Majestic Property Developers Ltd, on August 25 of this year.

But in a blow to the plans for the development on October 13, the council made a decision to refuse the application for an extension of duration.

The local authority stated that the "application fails to satisfy the requirements of Section 42(1B) of the Planning and Development Act 2000, as amended (Modification to operation of section 42 of Act of 2000 having regard to Covid-19) as the application was previously extended until 31st December 2023 under register refence 21/1610. The legislation does not provide for an extension beyond this timeframe".

In their August 25 application, Majestic Property Developers Limited sought a further two-year extension of duration and stated: "Substantial works of 32 of the approved 51 dwellings and all services works have been undertaken with an additional 19 dwellings remaining to be constructed.

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"The completion of all defective services and preparation for the remaining dwelling units has been undertaken.

"The applicant is contracted to Homes for all for the delivery of the 5 detached bungalow dwellings which have been commenced.

"It is intended to commence the remaining 5 detached bungalow dwellings (house numbers 1-5) immediately following which the 10 detached two storey dwellings (house numbers 15-19 and 42-46) the apartments and creche building will be constructed.

"The 6 detached bungalow dwellings will be at approaching practical completion at the expiry of the appropriate period."

They added: "A period of 6 months required to complete the 5 detached bungalow dwellings which will reach practical completion prior to the expiry of the appropriate Period.

"A further period of 18 months will be required to complete the additional 13 units (house numbers 15'19, 42'46, the apartments, and creche building).

"Please note it is important to complete these dwellings to secure the exposed rear boundaries of the existing dwellings and complete the aesthetic roadside elevation of the development.

"Disruption to the construction industry over the last two to three years has created a difficult context to realise peripheral development projects such as this.

"The return of market stability in recent quarters is allowing a return to production and having produced 6 dwellings in
that tumultuous time it is practical to expect the completion of the estate within the projected timeframe."

In a December 31, 2021 application to the local authority, Bremore Partnership said "it had been planned to complete the remaining properties within the Longfield estate but due to the Covid-19 pandemic all work on site was effectively halted for the last two years".

They added: "Drastic fluctuations in the prices of building materials have added to the volatility of the construction industry." 

In response to a further information request by the local authority, the partnership detailed that the proposed works are to be "completed within the proposed extension and the works which have been completed to date".

"It is proposed to finish a number of semi-detached and detached houses, apartment units and creche building and section of the estate road and lighting and ancillary works serving same," the response stated.