Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) because the development had not commenced and no substantial works were carried out prior to the application for extension.
Decision Maker's Conclusion
- The development permitted under Ref. 21/173 has not commenced, and no substantial works have been carried out on-site, as verified by both the applicant's statement and a local authority site inspection.
- Following legislative amendments in 2021, the provision allowing for extensions of duration where development had not commenced due to circumstances beyond the applicant's control was deleted from the Planning and Development Act.
- As there is no longer a legislative basis under Section 42(1) or Section 42B to grant an extension for a project that has not started, the Planning Authority is not satisfied that the statutory requirements for an extension have been met.
Cited Policies (CDP)
Decision Document Summary
Olive and Kevin Grealy sought a three-year extension of duration for planning permission Ref. 21/173, which authorized the construction of a two-storey dwelling, domestic garage, and sewage treatment system at Kilkenny West, Glasson, Athlone. The site is a greenfield plot located within an area designated as a 'Strong Rural Area Under Urban Influence.' The application was refused because the development had not commenced and no substantial works were performed prior to the request. Under current...SOURCE PDFOpen Original
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