Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) because the development had not commenced and no substantial works had been carried out.
Decision Maker's Conclusion
- A site inspection conducted on 24/04/2025 confirmed that the development permitted under Planning Reference 20/161 has not commenced.
- The application does not satisfy Section 42(1)(c) of the Planning and Development Act 2000 (as amended), as no substantial works were carried out during the appropriate period of the original permission.
- Current planning legislation provides no provision for an extension of duration where no works have commenced, rendering the Planning Authority unable to accommodate the applicant's special circumstances.
Cited Policies (CDP)
Decision Document Summary
The proposal sought a five-year extension of duration for a previously granted permission (PL20/161) to construct a two-storey dwelling, wastewater treatment system, and ancillary works on a 0.382-hectare rural site in Rathoe, Co. Carlow. Although the site was found to be consistent with the zoning and objectives of the Carlow County Development Plan 2022-2028, the application was refused on statutory grounds. Under Section 42 of the Planning and Development Act 2000, an extension cannot be gran...SOURCE PDFOpen Original
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