Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) because the permitted development had not commenced and no substantial works had been carried out.
Decision Maker's Conclusion
- The development permitted under planning reference 16/817 has not commenced, which is a prerequisite for an extension of duration under the cited legislation.
- No substantial works have been carried out on the site in accordance with the original grant of permission.
- The presence of unauthorized development on-site, currently subject to a live enforcement case (DC-067-19), indicates that works undertaken are not part of the original permission.
Cited Policies (CDP)
Decision Document Summary
The applicant sought a five-year extension of duration for planning permission 16/817, which involved the construction of three dwellings and a service road at Fairhill, Rathkeale, Co. Limerick. The Planning Authority refused the application as it failed to satisfy the mandatory criteria of Section 42 of the Planning and Development Act 2000, specifically noting that the development had not commenced and no substantial works had been performed. Furthermore, a site inspection revealed unauthorize...SOURCE PDFOpen Original
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