Core Refusal Reason
The application for extension of duration was refused because development had not commenced, failing to meet the statutory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The plans and particulars submitted by the applicant explicitly state that development works have not yet commenced on the site.
- The application fails to satisfy the mandatory criteria set out in Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 (as amended).
- An extension of duration cannot be legally granted by the Planning Authority when no physical development has taken place during the appropriate period of the original permission.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a permission involving retention and planning permission at 6a Rathmichael Haven, Ferndale Road, Rathmichael. The Planning Authority refused the request on the grounds that the development had not commenced within the original lifespan of the permission. Under Section 42 of the Planning and Development Act 2000, specific criteria regarding the commencement and progress of works must be met to qualify for an extension, and as no works had start...SOURCE PDFOpen Original
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