Core Refusal Reason
The planning authority determined that substantial works had not been undertaken in respect of the development as required under Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The works completed to date are considered limited preparatory groundworks and do not meet the legislative threshold of 'substantial works' required to grant an extension of duration.
- The applicant failed to demonstrate compliance with critical pre-commencement conditions, including the payment of development contributions and the submission of a formal commencement notice.
- Legislative provisions allowing for extensions based on economic or technical reasons, such as the Covid-19 pandemic cited by the applicant, have been removed from the Planning and Development Act.
Cited Policies (CDP)
Decision Document Summary
This application sought a three-year extension of duration for planning permission 18/324, which permitted the demolition and replacement of an extension to Spire View house and the construction of a new three-storey detached house at Lurgans, Carrickmacross. The Monaghan County Council planner recommended refusal because the works performed—primarily site clearance and pipe laying—were deemed insufficient to constitute 'substantial works' under Section 42 of the Act. Additionally, the refusal w...SOURCE PDFOpen Original
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