Core Refusal Reason
The application fails to meet the statutory requirements of Section 42 of the Planning and Development Act 2000, as substantial works have not commenced and the maximum allowable 5-year extension period has already been exhausted.
Decision Maker's Conclusion
- The development has not commenced and therefore no substantial works were carried out during the appropriate period, failing to satisfy Section 42(1)(a)(III) of the Planning and Development Act 2000.
- Under Section 42(4) of the Act, the Planning Authority is prohibited from granting a second extension of duration where the combined duration of extensions would exceed 5 years.
- As a 5-year extension had already been granted under Reg. Ref. 20/1529, the Planning Authority is legally precluded from granting any further extension for this solar farm development.
Cited Policies (CDP)
Decision Document Summary
This application sought a second extension of duration for a solar PV panel array (originally approved under Reg. Ref. 15/1172) on a 17.8ha site at Coolcarrigan, Timahoe West, Co. Kildare. The development was intended to consist of approximately 66,000m2 of solar panels on ground-mounted frames with associated infrastructure. Kildare County Council refused the extension because the applicant confirmed that development had not yet commenced, and because the statutory limit for extensions under Se...SOURCE PDFOpen Original
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