Core Refusal Reason
The application for an extension of duration was refused because the development had not commenced and no substantial works had been carried out at the time of the application, failing to meet the statutory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The development to which the permission relates had not commenced prior to the application for an extension of duration.
- No substantial works were carried out pursuant to the permission during the period since the grant of permission.
- The Planning Authority is legally precluded from granting an extension under Section 42(1) of the Planning and Development Act 2000 as the mandatory criteria for commencement and substantial completion were not satisfied.
Cited Policies (CDP)
Decision Document Summary
The applicants sought an extension of duration for planning permission P23/60431 (a change of house design from P20/268) for a dwelling, garage, and sewage system at Ballygorteen, Castlewarren, Co. Kilkenny. Although the applicants intended to begin works before the current expiry in 2025, the Planning Authority refused the extension because the development had not yet commenced. Under Section 42 of the Planning and Development Act 2000, an extension cannot be granted unless substantial works ha...SOURCE PDFOpen Original
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