Core Refusal Reason
The development had not commenced and no substantial works were carried out prior to the application for an extension of duration, which is a mandatory statutory requirement under Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The development permitted under Planning Reference 18/639 has not commenced on-site, and no commencement notice has been lodged with the local authority.
- No substantial works were carried out during the appropriate period of the original permission, failing to satisfy the requirements of Section 42(1)(a) of the Planning and Development Act 2000 (as amended).
- Under current legislation, specifically amendments introduced by the 2016 Act, the Planning Authority is statute-barred from granting an extension of duration for un-commenced developments.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously granted permission (Ref. P18/639) to demolish a former commercial unit and construct two semi-detached dwellings at Kilkenny Road, Gowran, Co. Kilkenny. A site inspection confirmed that no development had commenced and no substantial works had been performed, with the applicant citing financial difficulties due to rising building costs as the reason for the delay. Because the Planning and Development Act 2000 (as amended) requires...SOURCE PDFOpen Original
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