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Extension of Duration to demolish two existing single-storey side extensions, construct one replacement single-storey side extension, construct a storey-and-a-half rear extension, alterations to existing front porch, decommission existing septic tank and percolation area and replace same with a single dwelling treatment system and percolation area and all associated site works
Refused
Core Refusal Reason
The application fails to meet the legislative requirements of Section 42 of the Planning and Development Act 2000 (as amended) because development has not commenced and no substantial works have been carried out during the appropriate period.
Decision Maker's Conclusion
- The applicant confirmed that development has not commenced, a fact which was verified by the Planning Authority during a site inspection.
- Under Section 42(1) of the Planning and Development Act 2000 (as amended), an extension of duration can only be granted where development commenced prior to the expiration of the appropriate period and substantial works were carried out.
- The previous legislative provision allowing extensions for non-commenced developments due to circumstances beyond an applicant's control was deleted in 2021, meaning there is no longer a legal basis to grant the extension.
Cited Policies (CDP)
Decision Document Summary
The proposal sought a three-year extension of duration for planning permission (Ref. 21/195) to facilitate the demolition of existing side extensions and the construction of new side and rear extensions, along with the installation of a new wastewater treatment system at Killogeenaghan, Athlone, Co. Westmeath. The site consists of a traditional two-storey dwelling and farmyard located off the R446. Westmeath County Council refused the application because the development had not commenced, and cu...SOURCE PDFOpen Original
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