Core Refusal Reason
Failure to demonstrate that substantial works were carried out during the appropriate period to justify an extension of duration under Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The proposal failed to meet the mandatory requirements of Section 42(1)(a) of the Planning and Development Act 2000 (as amended) for extending the life of a permission.
- Substantial works were not carried out pursuant to the original permission during its valid period, violating Section 42(1)(a)(i)(II) of the Act.
- Due to the lack of physical progress on-site, there is no longer a legislative provision in force that allows the planning authority to extend the duration of the permission.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of the appropriate period for the renovation and extension of an existing dwelling house at Ballybane House, Shanagarry, Co. Cork. The local authority refused the application on the grounds that the project did not satisfy the statutory criteria for an extension of duration. Specifically, the applicant failed to prove that substantial works had been completed during the initial permission period, meaning the request did not comply with Section 42 of the Plann...SOURCE PDFOpen Original
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