Core Refusal Reason
The application failed to meet the statutory requirement for an extension of duration because 'substantial works' had not been carried out on the site during the appropriate period of the original planning permission.
Decision Maker's Conclusion
- The works completed to date, limited to groundworks and foundations with no blockwork commenced, are not considered to constitute 'substantial works' under Section 42(1)(a)(ii) of the Planning and Development Act 2000 (as amended).
- Although the application was submitted within the valid timeframe before the expiry of the original permission (P19/670), it failed to satisfy the mandatory legal criteria regarding the extent of construction progress.
- As the Planning Authority is not satisfied that substantial works were carried out pursuant to the permission, an extension of the appropriate period is not permitted under the legislation.
Cited Policies (CDP)
Decision Document Summary
This application sought to extend the duration of planning permission P19/670 for a dwelling, garage, and wastewater system at Lahardaun, Tulla, Co. Clare. While the request was submitted before the original expiry date, a site inspection confirmed that only foundations and groundworks had been progressed. Clare County Council refused the extension because these works do not meet the legal threshold of 'substantial works' required by Section 42 of the Planning and Development Act 2000 (as amende...SOURCE PDFOpen Original
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