Core Refusal Reason
The application for an Extension of Duration was refused because the works completed to date do not constitute 'substantial works' as required under Section 42(1)(c)(ii) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- While development has commenced on-site, the works completed (a detached garage and foundations for the main dwelling) are not considered 'substantial' in the context of the overall permitted development.
- The applicant has failed to meet the mandatory requirements of Section 42(1)(c)(ii) of the Planning and Development Act 2000 (as amended), which necessitates that substantial works be carried out during the initial permission period.
- Consequently, the Planning Authority determined that an Extension of Duration cannot be granted as the statutory criteria for such an extension have not been satisfied.
Cited Policies (CDP)
Decision Document Summary
This application sought a three-year Extension of Duration for a previously permitted two-storey dwelling, detached garage, and associated site works at Cloonfin, Ballinalee, Co. Longford (Ref: 20/208). Although a site inspection confirmed that the garage is complete and foundations for the house have been poured, the Planning Authority determined that these do not constitute 'substantial works' under Section 42 of the Planning and Development Act. As the statutory threshold for progress was not...SOURCE PDFOpen Original
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