Core Refusal Reason
The Planning Authority was not satisfied that substantial works were carried out during the appropriate period as required under Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The works completed to date, comprising only a site entrance and ground clearance, do not constitute significant or substantial works in the context of the overall scheme of the development.
- The application fails to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) which mandates that substantial works must be carried out for an extension of duration to be granted.
- The reasons provided for the delay, including Covid-19 and financial uncertainty regarding interest rates, were deemed insufficient to justify an extension given the lack of commencement on the actual dwelling structure.
Cited Policies (CDP)
Decision Document Summary
This application sought a two-year extension of duration for a previously granted permission (P19/504) for a dwelling house and associated services at Miltown, Piltown, Co. Kilkenny. Although the Executive Planner initially recommended approval, the Senior Executive Planner and Senior Planner overturned this recommendation. The refusal was based on the determination that the works performed to date—limited to site clearance and the formation of a stone driveway—did not satisfy the legal requirem...SOURCE PDFOpen Original
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