Core Refusal Reason
The Planning Authority is statute-barred from granting an extension of duration because the development had not commenced and substantial works were not carried out within the appropriate period, and the project does not qualify for legislative exemptions regarding un-commenced residential developments.
Decision Maker's Conclusion
- The development consists of works to Kilkenny Castle and is considered a commercial/public project; therefore, it does not qualify for the new extension provisions for un-commenced residential developments under the 2025 Act.
- Under Section 42(a)(i)(I) of the Planning and Development Act 2000 (as amended), the authority is prohibited from granting an extension as no substantial works were carried out pursuant to the permission during the applicable period.
- Although the original permission (Reg Ref 21/522) has not yet expired, the applicant's projected start date of January 2027 confirms that the development will not be completed within the current appropriate period.
Cited Policies (CDP)
Decision Document Summary
The Commissioners of Public Works applied for an extension of duration for planning permission Reg Ref 21/522, which involves extensive works to improve universal access at Kilkenny Castle, including the installation of a lift, construction of ramps, and re-landscaping of the courtyard. The site is a prominent heritage landmark in Kilkenny City. Kilkenny County Council refused the application on statutory grounds, noting that the development had not commenced and no substantial works had been pe...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.