23/5525

The proposed development is a 4-bedroom; family dwelling circa 276.48 sqm of domestic accommodation set over two-storeys. Extension of Duration to Permission granted under Pl.Reg. No. 17/6380, ABP-301146-18.

Refused

Core Refusal Reason

Failure to demonstrate that substantial works were carried out during the original permission period, as required for an extension of duration under Section 42 of the Planning and Development Act 2000.

Decision Maker's Conclusion

  • The Planning Authority was not satisfied that substantial works had been performed pursuant to the original permission during its valid period.
  • The application failed to comply with the specific statutory requirements set out in Section 42 of the Planning and Development Act 2000 (as amended) for extending a permission.
  • As the legal threshold for demonstrating significant physical progress was not met, the authority is unable to extend the appropriate period of the planning permission.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for a previously permitted 276.48 sqm, 4-bedroom family dwelling located at Hermitage Lane, Ardbrack, Kinsale. The Planning Authority refused the request on the grounds that the applicant failed to provide evidence of substantial works being carried out during the initial life of the permission. Because the mandatory criteria under Section 42 of the Planning and Development Act 2000 were not satisfied, the authority determined it was not possible ...
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