Core Refusal Reason
The extension of duration was refused because the works carried out to date were not considered 'substantial' as required under Section 42(1)(a)(i)(II) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The application was assessed against Section 42 of the Planning and Development Act 2000, which mandates that the planning authority must be satisfied that substantial works were carried out pursuant to the permission during its appropriate period.
- A site inspection confirmed that while works had commenced, they were limited to the laying of foundations and a gravel driveway.
- The planning authority determined that the works completed to date are not deemed to be substantial, and therefore the proposal does not comply with the statutory requirements for an extension of duration.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for a two-storey dwelling, garage, and ancillary site works at Ballinena, Newcastle West, Co. Limerick, originally permitted under Ref. 21/327. While the planning authority acknowledged that works had commenced on-site, a physical inspection revealed that only the foundations had been laid. Under the Planning and Development Act 2000, an extension can only be granted if 'substantial works' have been completed; as the foundations alone did not meet th...SOURCE PDFOpen Original
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