Core Refusal Reason
The application failed to meet the statutory requirements of Section 42(1)(a)(ii) of the Planning and Development Act 2000 (as amended) because substantial works had not been carried out on the development prior to the expiration of the original permission.
Decision Maker's Conclusion
- The planning authority determined that the works completed to date, consisting only of site groundworks and some excavations, do not constitute 'substantial works' in the context of the overall permitted development.
- The applicant failed to satisfy the mandatory criteria set out in Section 42 of the Planning and Development Act 2000 regarding the commencement and progress of development within the appropriate period.
- As the dwellinghouse itself had not yet been started, the application does not qualify for an extension of duration under the relevant planning legislation.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for the construction of a dwellinghouse and associated site works at Glennahaglish, Ballylanders, Co. Limerick, originally permitted under Ref. No. 21/91. While the applicant claimed groundworks had commenced, a site inspection confirmed that only minor excavations were complete and the dwelling itself had not been started. The local authority refused the extension on the grounds that the project failed to meet the 'substantial works' threshold re...SOURCE PDFOpen Original
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