Core Refusal Reason
Statutory non-compliance with Article 45(3) of the Planning and Development Regulations 2001 regarding the extension of the appropriate period.
Decision Maker's Conclusion
- The application fails to meet the mandatory statutory requirements for an extension of the appropriate period.
- The Planning Authority is legally precluded from granting the extension under the specific provisions of Article 45(3) of the Planning and Development Regulations 2001.
- The refusal is based on procedural and regulatory constraints rather than the physical planning merits of the proposed dwellings.
Cited Policies (CDP)
Decision Document Summary
The proposal sought the construction of two detached dwellings with off-street parking at Allen's Walk, Carrignagroghera, Fermoy, Co. Cork. The application was refused by the local authority because it did not satisfy the legal requirements for an extension of the appropriate period of a planning permission. Under Article 45(3) of the Planning and Development Regulations 2001 (as amended), the Planning Authority was mandated to refuse the request as the statutory conditions for granting such an ...SOURCE PDFOpen Original
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