Core Refusal Reason
The applicant failed to demonstrate that substantial works were carried out pursuant to the original planning permission (Pl. Ref. 20/1950) during the appropriate period as required by Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- A site inspection conducted on 29th June 2026 confirmed that the site remains undeveloped and presently comprises a greenfield site with no evidence of substantial construction activity.
- The Planning Authority determined that the clearing of fallen trees from the site does not constitute 'substantial works' carried out pursuant to the permission during the appropriate period.
- The application does not comply with the mandatory statutory requirements of Section 42(1) of the Planning and Development Act 2000 (as amended), specifically regarding the commencement and progression of works.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously approved development (Pl. Ref. 20/1950) consisting of a new dwelling house, garage, and sewage treatment system at Mountbrowne, Athenry, Co. Galway. While the applicant cited various delays including material costs, inflation, and redesign issues, the Planning Authority refused the request following a site inspection that revealed no significant construction progress. The refusal is based on the project's failure to meet the legal...SOURCE PDFOpen Original
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