Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) as it was submitted under the incorrect subsection (1A) despite works having commenced, and the development as constructed was found to be inconsistent with the permitted plans.
Decision Maker's Conclusion
- The application was incorrectly submitted under Section 42(1A) of the Planning and Development Act 2000 (as amended) because works had already commenced on site, which instead requires an application under Section 42(1).
- The applicant failed to provide the necessary details and evidence to demonstrate that 'substantial works' were carried out pursuant to the permission during the appropriate period, a mandatory requirement for an extension under Section 42(1).
- The development as currently executed on-site, specifically regarding the entrance and driveway layout, is inconsistent with the revised plans granted under planning reference 21/1065, representing a significant departure from the approved development.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of the appropriate period for a single rural dwelling at Sleamaine, Roundwood, Co. Wicklow, following previous permissions under refs 20/396 and 21/1065. Wicklow County Council refused the request primarily because the applicant applied under Section 42(1A), which is reserved for developments that have not commenced, whereas site inspections and imagery confirmed that works had already begun. Consequently, the planner determined that the application should ha...SOURCE PDFOpen Original
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