Core Refusal Reason
The application for an extension of duration was refused because the development had not commenced and no substantial works had been carried out on-site prior to the expiration of the original permission.
Decision Maker's Conclusion
- The site remains a greenfield site and the Planning Authority confirmed via site inspection that no development works have been initiated to date.
- The application fails to satisfy the mandatory requirements of Section 42(1)(c) of the Planning and Development Act 2000 (as amended), which requires that substantial works must have been carried out during the original permission period.
- Current planning legislation removes the possibility of granting an extension of duration for un-commenced developments where substantial works are absent.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year extension of duration for a previously permitted detached dwelling house, entrance, and wastewater treatment system at Ballynarooga More (South), Ballingarry, Co. Limerick (Ref: 16/573). Following a site inspection on November 3rd, 2021, the Planning Authority determined that the site remains a greenfield and the applicant acknowledged that no works had commenced. The proposal was refused as it does not meet the statutory criteria under Section 42 of the Plann...SOURCE PDFOpen Original
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