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 permitted development has not commenced and no substantial works have been carried out on the site.
Decision Maker's Conclusion
- The subject site remains a greenfield site and the applicant confirmed that no construction works have commenced to date.
- The proposal does not comply with Section 42(1)(c) of the Planning and Development Act 2000, which requires that substantial works must have been carried out during the appropriate period.
- Recent legislative changes have removed the possibility of granting extensions of duration for un-commenced developments where substantial works are absent.
Cited Policies (CDP)
Decision Document Summary
The applicant sought a further two-year extension of duration for a dwelling house and wastewater treatment system at Dohyle, Cappagh, Rathkeale, Co. Limerick, originally permitted under 11/611 and previously extended under 16/7032. Limerick City & County Council refused the application on the grounds that the development has not yet commenced. As the site remains greenfield and no substantial works were performed during the previous permission periods, the application fails to meet the mandator...SOURCE PDFOpen Original
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