Core Refusal Reason
The application for an extension of duration was refused because the development had not yet commenced, failing to meet the statutory requirement under Section 42 of the Planning and Development Act 2000 (as amended) which requires that substantial works must have been carried out during the appropriate period of the permission.
Decision Maker's Conclusion
- The applicant acknowledged within the application documentation that development works have not yet commenced on the subject site due to ongoing personal and financial matters.
- A site inspection conducted by the Planning Authority on 19 August 2026 confirmed that the site remains a greenfield in agricultural use with no evidence of substantial works having been performed.
- Under Section 42(1)(c)(ii) of the Planning and Development Act 2000-2024, the Planning Authority is legally precluded from extending the duration of a permission where substantial works were not carried out during the initial life of the grant.
Cited Policies (CDP)
Decision Document Summary
Brenda Smith sought an extension of duration for a previously granted permission (Ref. 21/1295) to construct a single-storey dwelling, domestic garage, and waste treatment system at a greenfield site in Pudden Hill, Moore Park, Garristown, Co. Meath. While the applicant requested a five-year extension until 2031, the Planning Authority noted that the maximum allowable extension under current legislation would only be three years. However, the application was ultimately refused because a site ins...SOURCE PDFOpen Original
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