26112

File Ref: 21231 - The development will consist of the construction of a single-story detached dwelling & single storey domestic garage, with proposed packaged wastewater treatment system and polishing filter and new site entrance onto public road and all associated site works and landcaping

Refused

Core Refusal Reason

The application failed to meet the mandatory statutory 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 prior to the application for an extension of duration.

Decision Maker's Conclusion

  • The development permitted under File Ref: 21231 has not commenced on-site, and therefore no substantial works have been carried out pursuant to the original permission.
  • Under the current provisions of Section 42(1) of the Planning and Development Act 2000-2023, an extension of duration can only be granted if the planning authority is satisfied that the development was commenced and substantial works were completed.
  • The legislative provision that previously allowed for extensions of duration for uncommenced developments due to commercial or economic reasons was deleted from the Act in September 2021, making the proposal ineligible for an extension.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for a previously granted permission (Ref: 21231) for a single-storey detached dwelling, domestic garage, and associated site works at Clonymore, Athboy, Co. Meath. The site is situated in a 'Strong Rural Area' as defined by the Meath County Development Plan 2021-2027. Meath County Council refused the request because the applicant confirmed that development had not yet commenced. Following legislative amendments in 2021, the Planning Authority no l...
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