Core Refusal Reason
The application for an Extension of Duration was refused because no substantial works had commenced on-site and the application was submitted prematurely, more than one year before the original permission's expiry date.
Decision Maker's Conclusion
- The development has not commenced and therefore fails to meet the statutory requirement under Section 42 of the Planning and Development Act 2000, which requires that substantial works must have been carried out during the appropriate period.
- The application was submitted on 10th May 2024 for a permission expiring on 28th June 2025, failing to comply with Article 41 of the Planning and Development Regulations 2001, which requires applications to be made no earlier than one year before the expiration date.
- The Planning Authority is legally precluded from granting an extension of duration as the application was received outside the mandatory statutory timeframe and the permitted development has not yet started.
Cited Policies (CDP)
Waterford City and County Development Plan 2022-2028
Decision Document Summary
The applicant sought an Extension of Duration for planning file 20/77, which permitted the construction of a 1.5-storey dwelling, septic tank, and associated site works at Carrickavantry South, Tramore, Co. Waterford. The subject site is located within an 'Area Under Strong Urban Influence' and is zoned 'High Amenity' under the Waterford City and County Development Plan 2022-2028. The local authority refused the extension because the development had not yet commenced, meaning the legal requireme...SOURCE PDFOpen Original
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