Core Refusal Reason
The parent permission (Ref. 20/6166) was not lawfully implemented due to significant non-compliance with planning conditions and the execution of unauthorized works exceeding permitted levels.
Decision Maker's Conclusion
- The applicant failed to comply with Condition No. 3 of the parent permission (Ref. 20/6166), which required the payment of development contributions prior to the commencement of works.
- Condition No. 2 of the parent permission, requiring the submission and written agreement of a detailed landscaping scheme, remains undischarged.
- Enforcement investigations (ENF 25106) confirmed that backfilling on-site significantly exceeds the permitted levels, and as these conditions remain outstanding, the development is regarded as unauthorized in its current state.
Cited Policies (CDP)
Decision Document Summary
This application sought a three-year Extension of Duration for land fill improvement works using soil and stone at a 4.56ha former bog site in Cornaher, Kilbeggan, Co. Westmeath. While works commenced in 2023, the Planning Authority determined that the extension could not be granted because the original permission (Ref. 20/6166) was not lawfully implemented. The refusal is grounded in the applicant's failure to pay required development levies, the lack of an agreed landscaping scheme, and eviden...SOURCE PDFOpen Original
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