23316

to construct 57 residential units comprising 34 two storey semi detached houses, 9 detached dormer houses, 3 two storey detached houses, 3 two storey terraced houses, 8 apartments, creche and siteworks under Section 42(1) previous reference no 211710

Refused

Core Refusal Reason

The application for a further extension of duration is contrary to Section 42(4) of the Planning and Development Act 2000 (as amended), as the permission has already reached the maximum number of extensions permitted by law.

Decision Maker's Conclusion

  • The original planning permission (Ref. 06520089) has already been extended three times under various provisions of the Planning and Development Act, specifically refs 12520028, 17601396, and 211710.
  • Section 42(4) of the Planning and Development Act 2000 (as amended) stipulates that a decision to extend the appropriate period of a permission shall be made not more than twice under that section.
  • Granting a further extension of duration would be contrary to the provisions of the Act, as the combined duration of extensions has already reached the statutory limit.

Cited Policies (CDP)

Decision Document Summary

This application sought a further extension of duration for a residential development comprising 57 units and a creche at Ciamaltha Meadows, Nenagh, Co. Tipperary. Although the development is considered substantially complete with 34 dwellings finished or under construction, the planning authority refused the application. The refusal is based on a legal technicality under Section 42(4) of the Planning and Development Act 2000, which limits the number of times a planning permission can be extende...
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