Core Refusal Reason
The application for an extension of duration was refused because substantial works had not been carried out on the site during the original permission period, as required by Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The applicant explicitly stated in the application that construction works have not yet commenced on the site.
- A site inspection confirmed that while the fire-damaged house and site have been cleared, no substantial construction works pursuant to the permission have been undertaken.
- The Planning Authority is legally precluded from granting an extension of duration under Section 42(1)(a)(iii) of the Planning and Development Act 2000 (as amended) in the absence of substantial works.
Cited Policies (CDP)
Decision Document Summary
The proposal sought a five-year extension of duration for planning permission (Ref. 18/1365) to demolish a fire-damaged semi-detached cottage and construct a replacement cottage on the same footprint at 1087 Tully East, Kildare. The site is located in a rural townland south of the Curragh Military Camp and has been cleared of the original fire-damaged structure. The application was refused because the Planning Authority determined that no substantial construction works had been carried out durin...SOURCE PDFOpen Original
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