Core Refusal Reason
The application for an extension of duration was refused because the permitted development had not commenced and no substantial works had been carried out, failing to meet the statutory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- A site inspection and the applicant's own submission confirmed that the development permitted under planning reference 19/1034 has not yet commenced on the site.
- Section 42(1)(a)(iii) of the Planning and Development Act 2000 (as amended) requires the planning authority to be satisfied that substantial works were carried out during the appropriate period before an extension can be granted.
- As no construction works have been carried out, the Planning Authority is legally precluded from granting an extension of duration for the planning permission.
Cited Policies (CDP)
Section 15.4.14Policy HO P12Appendix 4 Rural House Design GuideSection 3.13.3Policy HO P11Table 3.4HP O11
Decision Document Summary
Rose Cullen applied for an extension of duration for planning permission (Ref 19/1034) regarding the construction of a granny flat extension and ancillary works at Boley Little, Fontstown, Athy, Co. Kildare. The 0.26ha site currently contains an existing dwelling and several unauthorized structures. The local authority refused the extension because the development had not yet commenced, meaning the applicant could not satisfy the mandatory legal requirement under Section 42 of the Planning and D...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.