Core Refusal Reason
The application for an extension of duration was refused because no substantial works had commenced on the site within the original permission period, failing to meet the statutory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The applicant confirmed during a consultation on April 15th, 2024, that works on the permitted residential extension had not yet commenced.
- Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 mandates that an extension of duration can only be granted if the Planning Authority is satisfied that substantial works were carried out during the appropriate period.
- As no works were undertaken, the Planning Authority is legally precluded from extending the life of the planning permission under the current legislative provisions.
Cited Policies (CDP)
Zoned Existing Residential [RS]
Decision Document Summary
The applicant, Flor O Mahony, sought an extension of duration for planning permission (Ref: 19/375) to construct a side extension comprising a bedroom, en-suite, and kitchen at 13 The German Road, St Johns Park, Waterford. The property is located in an area zoned 'Existing Residential' under the Waterford City & County Development Plan 2022-2028. The local authority refused the request because the development had not commenced within the original five-year term. Under Irish planning law, specifi...SOURCE PDFOpen Original
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