Core Refusal Reason
The application was refused because the development had not commenced and, as a commercial change of use, it does not qualify for legislative extensions permitted for un-commenced residential developments.
Decision Maker's Conclusion
- The development involves a change of use from retail to restaurant and therefore does not benefit from the new provisions in Section 42 of the Act allowing extensions for un-commenced housing developments.
- No substantial works were carried out pursuant to the original planning permission (Reg Ref 19/712) during the applicable period prior to the extension request.
- The Planning Authority is statute-barred under Section 42(a)(i)(I) of the Planning and Development Act 2000 (as amended) from granting an extension of duration where development has not commenced.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for planning permission (Reg Ref 19/712) concerning the material change of use of an existing retail unit to a restaurant at No 1 The Arches, Kilkenny. The local authority refused the application on the grounds that the development had not yet commenced and no substantial works had been performed. Because the proposal is commercial in nature rather than residential, it fails to meet the specific legislative criteria required for extending un-commence...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.