257020

Extension of Duration for Planning Ref. 21/467 : the construction of two poultry houses, office/control room and all associated site works. The application relates to development which comprises or is for the purposes of an activity requiring an Industrial Pollution & Control Licence, now replaced by an Industrial Emissions Licence. An Environmental Impact Assessment Report(EIAR) has been submitted as part of the planning application

Refused

Core Refusal Reason

The application failed to meet the statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000 because the permitted development had not commenced and no substantial works had been carried out.

Decision Maker's Conclusion

  • The development permitted under planning reference 21/467 has not commenced on-site, a fact confirmed by both the planning officer's site inspection and the applicant's own submission.
  • The proposal fails to comply with the mandatory requirements of Section 42(1)(a)(i) and (ii) of the Planning and Development Act 2000 (as amended), which requires that substantial works must be carried out pursuant to the permission during the appropriate period.
  • Since the statutory criteria regarding the commencement of development and the execution of substantial works were not satisfied, the planning authority is precluded from granting an extension of duration.

Cited Policies (CDP)

Decision Document Summary

The applicant, Jerry McAuliffe, sought a five-year extension of duration for planning permission 21/467, which authorized the construction of two poultry houses and an office/control room at Appletown, Feohanagh, Co. Limerick. While the application was lodged before the expiry of the original permission, the planning authority's assessment and site inspection determined that no physical works had started on the site. Under Section 42 of the Planning and Development Act 2000, an extension can onl...
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Planning application 257020, Limerick County Council | Precedent.ie