Core Refusal Reason
The development had not commenced and therefore failed to meet the statutory requirement for substantial works to be carried out under Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- A site inspection confirmed that while ground works associated with a separate land reclamation permission (PL Ref. 20/1226) were underway, no works related to the subject permission for stables (PL Ref. 18/533) had commenced.
- The application does not comply with Section 42(1)(a)(III) of the Planning and Development Act 2000 (as amended), which requires that substantial works must have been carried out during the appropriate period of the permission.
- The Planning Authority is legally precluded from granting an extension of duration because the development has not commenced and substantial works have not been performed prior to the application.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for planning permission PL Ref. 18/533, which granted permission for the construction of three stables, a tack room, and a storeroom at Blacktrench, Naas, Co. Kildare. The subject site is located in a rural area approximately 2km north of Barretstown. Kildare County Council refused the extension because a site inspection revealed that the permitted development had not yet commenced. Under Section 42 of the Planning and Development Act 2000, an extens...SOURCE PDFOpen Original
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