Core Refusal Reason
The application for an extension of duration failed to meet the mandatory legislative requirements of Section 42(1) of the Planning and Development Act 2000-2023, as the development had not commenced and no substantial works had been carried out on-site.
Decision Maker's Conclusion
- The applicant explicitly stated that development had not commenced on-site due to emigration during the period of the permission.
- Following legislative amendments in September 2021, the Planning Authority no longer has the power to grant extensions for developments that have not yet commenced.
- The proposal fails to satisfy the statutory requirements of Section 42(1)(a)(i) and (iii) regarding the commencement of development and the performance of substantial works during the original permission period.
Cited Policies (CDP)
Decision Document Summary
The applicant, Clodagh McKeon, sought a five-year extension of duration for a previously granted permission (Ref: 21/864) to construct a single-storey dwelling and domestic garage at Kilmer, Ballivor, Co. Meath. The site is situated in a 'Low Development Pressure Area' within the South West Lowlands Landscape. Meath County Council refused the extension because the development had not commenced and no substantial works had been performed, which is a prerequisite for an extension under Section 42 ...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.