267036

demolition of existing partially constructed dwellinghouse(rising walls to ground floor level) and existing agricultural building and to erect a dwellinghouse, detached domestic garage and all associated site works including wastewater treatment system, soil polishing filter and bored well. Original Planning Ref. No. 20/1143

Refused

Core Refusal Reason

The application failed to demonstrate that substantial works were carried out pursuant to the original planning permission (Ref. 20/1143) as required under Section 42 of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

  • The works completed to date, which relate only to the garage and entrance, are not considered 'substantial' in the context of the overall permission where the dwellinghouse is the primary element.
  • A site inspection revealed that the orientation and location of the constructed garage do not align with the plans permitted under the original planning reference 20/1143.
  • The entrance and driveway works were found to have been constructed under a previous planning permission (Ref. 04/2123) rather than the permission for which the extension was sought.

Cited Policies (CDP)

Decision Document Summary

The applicant sought an extension of duration for a development at Ballintober, Kilfinane, Co. Limerick, which included the demolition of existing structures and the construction of a new dwellinghouse and domestic garage (Original Ref. 20/1143). Limerick City & County Council refused the application on the grounds that the works performed to date did not meet the statutory requirement for 'substantial works' under Section 42 of the Planning and Development Act 2000. The planning inspector noted...
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