239015

Permission to construct 1 No. Poultry House, and to retain and complete 1 No. store/changing area/W.C. including on-site waste water treatment system and percolation area, together with all ancillary structures (to include meal bin(s) and soiled water tank(s) and all associated site works. Significant further information relates to an amended site boundary.

Refused

Core Refusal Reason

The application for an extension of duration was refused because substantial works had not been carried out on the proposed poultry unit prior to the request, as required under Section 42 of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

While substantial works were deemed to have been carried out on the 'Retention Permission' elements of the project (store/changing area and wastewater system), no such works were evident for the primary 'Permission' element (the poultry unit).
Legislative amendments under the Planning and Development (Housing) and Residential Tenancies Act 2016 have removed the provision to extend permissions for un-commenced developments or those where substantial works have not been performed.
The Planning Authority concluded that the stoning of the site and the completion of ancillary retention structures did not constitute substantial works toward the construction of the poultry unit itself, necessitating a refusal under Section 42.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for planning permission (Ref 18-481) to construct a poultry house and ancillary structures at Cumry, Ballybay, Co. Monaghan. While the applicant had completed works related to the retention of a store and wastewater system, the Planning Authority's assessment found that no significant progress, such as foundations or portal frames, had been made on the main poultry unit. Due to legislative changes that restrict extensions to projects where substan...

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