2451

EXTENSION OF DURATION OF 19/126 - Permission for development to consist of the following: demolition of single storey portion of existing dwelling at rear, to facilitate new extension. Proposed single storey extension to south east of existing dwelling and the relocation of existing dwelling chimney to new location. Alterations to existing site entrance walls and piers together with all associated ancillary site works

Refused

Core Refusal Reason

The application for an Extension of Duration was refused because the development had not commenced and no substantial works had been carried out, failing to meet the mandatory requirements of Section 42(1) of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

  • The Planning Authority confirmed through site inspection and the applicant's own submission that development works permitted under Ref. 19/126 have not commenced on-site.
  • Under the amended Section 42(1) of the Planning and Development Act 2000, the authority is precluded from extending the duration of a permission where substantial works have not been carried out prior to the expiration of the appropriate period.
  • Although the applicant cited legal Rights of Way issues as a cause for delay, these circumstances do not override the statutory requirement for commencement and substantial completion of works under the current legislative framework.

Cited Policies (CDP)

Decision Document Summary

Montevista Properties applied for an Extension of Duration (EOD) for planning permission 19/126, which authorized the partial demolition and extension of an existing dwelling at Ballinteskin, Omeath, Co. Louth. The application was refused by Louth County Council because the development had not yet commenced. Following legislative amendments in September 2021, the Planning Authority is legally unable to grant an extension under Section 42 of the Planning and Development Act 2000 unless substantia...
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