Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) as the development had not commenced and no substantial works had been carried out.
Decision Maker's Conclusion
- A site inspection on 6th December 2021 confirmed that no physical works had commenced on the site in relation to the permitted development (Ref: 16/1003).
- The application does not satisfy the mandatory requirements of Section 42 of the Planning and Development Act 2000 (as amended), which necessitates that substantial works must have been carried out for an extension of duration to be granted.
- While the applicant cited financial constraints and Covid-19 lockdowns as reasons for the delay, these do not exempt the proposal from the legal requirement for commencement and substantial completion of works.
Cited Policies (CDP)
Decision Document Summary
The applicant, William O'Brien, sought a four-year extension of duration for a previously approved agricultural development comprising cattle houses and a slurry tank at Coolboy, Kilbehenny, Co. Limerick. Following a site inspection, Limerick City & County Council determined that no works had commenced on the project. Consequently, the application was refused as it failed to meet the strict criteria of Section 42 of the Planning and Development Act 2000, which requires that substantial works mus...SOURCE PDFOpen Original
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