Core Refusal Reason
The planning authority determined that substantial works had not been carried out on the site within the original permission period, failing to meet the statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The works completed to date, including the entrance, driveway, and construction to finished floor level, are not considered 'substantial' under the definition of the Planning and Development Act.
- The applicant's proposed completion date of June 2031 was not considered to be within a reasonable timeframe as required by legislation.
- The application fails to satisfy the mandatory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended) regarding the extent of works pursuant to the permission during the appropriate period.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for planning permission P. 21/33, which authorized the construction of a dwelling house and domestic garage at Gorteen, Ballycallan, Co. Kilkenny. A site inspection revealed that while site clearance, driveway works, and construction to finished floor level had occurred, the Planning Authority deemed these insufficient to constitute 'substantial works'. The application was refused as it did not meet the statutory criteria of the Planning and Devel...SOURCE PDFOpen Original
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