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.
Decision Maker's Conclusion
- The subject site remains a greenfield site and the applicant has confirmed that no works have commenced to date.
- Recent legislative amendments to Section 42 of the Planning and Development Act 2000 have removed the possibility of extending the duration of a permission where substantial works have not been carried out.
- The application does not comply with the mandatory requirement under Section 42(1)(c)(ii) which necessitates that substantial works must have been completed during the appropriate period of the permission.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year extension of duration for a previously granted permission (Ref: 17/257) for a two-storey dwelling, wastewater treatment system, and ancillary works at The Hermitage, Castleconnell, Co. Limerick. The Planning Authority refused the extension because the site remains in a greenfield state with no physical development having taken place. Under current planning legislation, an extension of duration cannot be granted for un-commenced developments, as the applicant f...SOURCE PDFOpen Original
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