Core Refusal Reason
The application fails to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) because the development has not commenced and no substantial works have been carried out.
Decision Maker's Conclusion
- The applicant explicitly confirmed in the application documentation that no works have commenced on the site to date.
- Section 42(1)(c)(i) and (ii) of the Planning and Development Act 2000 (as amended) requires that development must have commenced and substantial works must have been carried out to qualify for an extension of duration.
- As the permitted development under ref 17/978 has not been initiated, the request does not meet the mandatory legal criteria for the Planning Authority to grant an extension.
Cited Policies (CDP)
Decision Document Summary
The applicant, Bryan Leddin, sought an extension of duration for a previously granted permission (ref 17/978) involving the construction of a replacement dwelling house, garage, and wastewater treatment system at Caherguillamore, Meanus, Bruff, Co. Limerick. The Planning Authority refused the application on the grounds that the development had not yet commenced. Under current legislation, specifically Section 42 of the Planning and Development Act 2000, an extension of duration can only be grant...SOURCE PDFOpen Original
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