Core Refusal Reason
The application failed to satisfy the statutory requirements of Section 42(1)(a)(II) of the Planning and Development Act 2000, as the planning authority determined that substantial works had not been carried out pursuant to the permission during the appropriate period.
Decision Maker's Conclusion
- The application fails to satisfy the mandatory requirements of Section 42(1)(a)(II) of the Planning and Development Act 2000 (as amended) regarding the performance of substantial works.
- A site inspection conducted on 20/08/2024 confirmed that while ground clearance had taken place, there was no evidence of construction works on individual dwellings or site roadways.
- The planning authority concluded that ground clearance works alone do not constitute 'substantial works' as understood under the relevant legislative framework for an extension of duration.
Cited Policies (CDP)
Decision Document Summary
This application sought a two-year extension of duration for a previously granted permission (Ref: 19/600008) for a residential development consisting of 16 semi-detached houses, 8 terraced houses, and 8 apartments at Tyone, Nenagh, Co. Tipperary. The request was made under Section 42 of the Planning and Development Act 2000. Tipperary County Council refused the extension following a site inspection which revealed that only preliminary ground clearance had occurred. The authority determined that...SOURCE PDFOpen Original
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