Core Refusal Reason
The application for an Extension of Duration was refused because the Planning Authority was not satisfied that substantial works had been carried out on the site during the appropriate period of the original permission, as required by Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection confirmed that the site remains substantially undeveloped with no evidence of foundations, building works, or service installations associated with the permitted development.
- The applicant explicitly stated that no substantial work had been undertaken to date, citing financial reasons for the delay in progressing the project.
- The development fails to comply with the mandatory statutory requirements of Section 42(1) of the Planning and Development Act 2000 (as amended), which requires substantial works to be carried out pursuant to the permission during the appropriate period.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year Extension of Duration for planning reference 21/474, which authorized the construction of a 484.22sqm slatted shed with a calf creep area and ancillary concrete works at Carrowkilleen, Kinvara, Co. Galway. Although the applicant requested the extension due to financial delays, the Planning Authority determined that the site remains in a greenfield state. The application was refused as it failed to meet the legal threshold of having completed 'substantial works...SOURCE PDFOpen Original
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