Core Refusal Reason
The applicant failed to demonstrate that 'substantial works' had been carried out pursuant to the permission within the appropriate period, as required under Section 42(1) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The planning authority determined that the works completed to date, including site clearance, boundary fencing, and earthen berms, do not constitute 'substantial works' when assessed against the total scope of the permitted 32,954sqm warehouse development.
- Evidence provided by the applicant, including invoices for topsoil stripping and deposits for structural steel, was insufficient to prove significant construction or demolition activities had occurred on-site.
- Site inspections confirmed that construction of the main warehouse building has not commenced and no essential ground works for servicing the development have been installed.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year extension of duration for a permitted 32,954sqm metal-clad industrial warehouse and associated works at Tullowbeg, Tullow, Co. Carlow. Carlow County Council refused the request on the grounds that the applicant failed to satisfy the statutory criteria set out in Section 42(1) of the Planning and Development Act 2000. Specifically, the authority concluded that 'substantial works' had not been carried out during the life of the permission, as the majority of the...SOURCE PDFOpen Original
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