2411
EXTENSION OF DURATION OF 181038 - Permission for development to consist of one no. detached dwelling, two no. semi detached dwellings and three no. terraced type dwellings (six dwellings in total). Relocating and upgrading of existing entrance onto the R173. Connection to the existing public utilities and all ancillary and associated site works. The development is within the curtilage of a protected structure reg. no. LHS005-069. *Significant Further Information submitted 21/8/2019 provides for, inter alia, 2 no. detached dwellings and 4 no. semi-detached dwellings (6 dwellings in total).*
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 on-site, failing to meet the mandatory statutory requirements of Section 42(1) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection conducted on 16th February 2024 confirmed that while some trees had been cleared, the development granted under planning reference 18/1038 had not actually commenced.
- The Planning Authority noted that the applicant's own submission stated 'No works - house clearance', confirming that substantial works pursuant to the permission were not performed during the appropriate period.
- The Planning Authority is legally precluded from extending the appropriate period under Section 42(1) of the Act if it is not satisfied that the development commenced and substantial works were carried out before the expiration of the permission.