Core Refusal Reason
The application failed to meet the statutory requirements of Section 42(1) of the Planning and Development Act 2000 (as amended) as no substantial works had been carried out and the justification for the delay in commencement was deemed unacceptable.
Decision Maker's Conclusion
- A site inspection confirmed that no physical works associated with the parent permission (KA201136) had commenced on the subject site prior to the application for extension.
- The applicant failed to satisfy the requirements of Section 42(1)(a)(i)(III) of the Act, which necessitates that substantial works must have been carried out during the appropriate period of the permission.
- The planning authority determined that the applicant's reasoning for the lack of commencement—specifically regarding difficulties obtaining a Road Opening Licence—was unacceptable as the applicant had previously rejected licence conditions and withdrawn the application.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year extension of duration for planning permission KA201136, which authorized the construction of an agricultural underpass, effluent holding tank, and associated site works at an existing farmyard in Gravelstown, Carlanstown, Co. Meath. Meath County Council refused the extension because a site inspection revealed that no works had commenced on-site. Under Section 42 of the Planning and Development Act, an extension typically requires that substantial works have be...SOURCE PDFOpen Original
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