Core Refusal Reason
The application for an extension of duration was refused because no substantial works had been carried out on the site, which is a mandatory requirement under Section 42(1)(a)(iii) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The development does not comply with the statutory requirements of Section 42(1)(a)(iii) of the Planning and Development Act 2000 (as amended) as no substantial works were carried out pursuant to the permission.
- A site inspection confirmed that construction works have not yet commenced on the site, a fact also acknowledged by the applicant.
- The Planning Authority is statutorily precluded from granting an extension of duration where the requirement for substantial works has not been met during the appropriate period of the permission.
Cited Policies (CDP)
Decision Document Summary
Ballymooney Foods Limited sought an extension of duration for a previously granted permission (Ref. 19/26) involving a 279sqm extension to an existing food processing factory at Clane Business Park, Co. Kildare. While the application was submitted within the appropriate timeframe, the Planning Authority refused the request following a site inspection. The refusal is based on the applicant's failure to commence construction, meaning they did not meet the mandatory legal threshold of performing 's...SOURCE PDFOpen Original
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