Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) because development had not commenced and no substantial works were carried out.
Decision Maker's Conclusion
- The subject site remains a greenfield site and the applicant confirmed that no works have commenced to date.
- Under Section 42 of the Planning and Development Act 2000, an extension of duration requires the planning authority to be satisfied that development has commenced and substantial works have been carried out.
- The application does not meet the mandatory legislative criteria for an extension as the permitted development under planning reference 16/109 has not been initiated.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year extension of duration for a previously granted permission (Ref: 16/109) for the construction of two dwellings and associated site works at Monks Hill, Rathkeale, Co. Limerick. The Planning Authority refused the request because the site remains a greenfield site with no physical works undertaken. Following amendments to the Planning and Development Act, an extension cannot be granted for un-commenced developments where substantial works have not been carried ou...SOURCE PDFOpen Original
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