Core Refusal Reason
The application for an extension of duration was refused because substantial works had not been carried out on the site prior to the expiration of the original planning permission, failing to meet the statutory requirements of the Planning and Development Act.
Decision Maker's Conclusion
- The Planning Authority determined that the works observed on-site during inspections in May 2024 did not constitute 'substantial works' as required by Section 42 of the Planning and Development Act 2000 (as amended).
- While groundworks had commenced, the site was found to remain essentially an agricultural field, and the authority was not satisfied that the development would be completed within a reasonable timeframe.
- The application failed to meet the mandatory legal prerequisites for an extension of duration, specifically regarding the lack of significant progress made during the initial permission period.
Cited Policies (CDP)
Decision Document Summary
James and Caroline Maher sought a three-year extension of duration for planning permissions (Ref. 18/718 and 23/152) to construct a dwelling, garage, and wastewater treatment system at Baunreagh, Co. Kilkenny. The applicants cited delays due to the Covid-19 pandemic, mortgage approval changes, and building cost inflation. However, Kilkenny County Council refused the extension following site inspections which revealed that 'substantial works' had not been carried out before the permission expired...SOURCE PDFOpen Original
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