25206

19600111 a solar PV panel array consisting of up to 22,500m2 of solar panels on ground mounted steel frames, 2 no. electricity control cabins, 4 no. inverter units, underground cable ducts, hard standing area, boundary security fence, site entrance, access track, landscaping, CCTV and all associated site works

Refused

Core Refusal Reason

The applicant failed to demonstrate that 'substantial works' were carried out pursuant to the planning permission as required under Section 42(1)(a)(ii) of the Planning and Development Act 2000.

Decision Maker's Conclusion

  • The financial expenditure of €122,000 cited by the applicant relates primarily to grid connection fees and agreements which were explicitly excluded from the scope of the permitted development (Ref 19600111).
  • Preparatory activities, including the sourcing of solar panels and negotiation of a Power Purchase Agreement, do not constitute 'works' as defined by Section 2(1) of the Planning and Development Act 2000.
  • The application fails to satisfy the mandatory statutory requirements of Section 42(1)(a)(ii) because it cannot be concluded that substantial works were carried out pursuant to the permission during the appropriate period.

Cited Policies (CDP)

Decision Document Summary

The application sought a five-year extension of duration for a solar PV farm development at Lisbrien, Nenagh, Co. Tipperary. Although the applicant claimed significant financial outlay on preparatory works, the Planning Authority found that these costs were associated with grid connections that did not form part of the original planning permission. As the applicant failed to provide evidence of physical 'substantial works' on the site, the inspector concluded that the proposal did not meet the l...
SOURCE PDFOpen Original
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