Core Refusal Reason
The application was refused because substantial works had not been carried out on the site prior to the expiration of the original planning permission, failing to meet the statutory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- A site inspection conducted in January 2023 confirmed that no physical construction, excavation, demolition, or alteration works had been initiated on the site.
- The Planning Authority determined that the preparatory activities, such as appointing consultants and drafting reports, do not constitute 'substantial works' as defined under Section 2 of the Planning and Development Act 2000.
- Under Section 42 (1)(a)(i)(III) of the Act, the Planning Authority is legally prohibited from granting an extension of duration if substantial works have not been completed within the appropriate period.
Cited Policies (CDP)
Decision Document Summary
The applicant sought a 24-month extension of duration for planning permission P.18/409, which involved the conversion of Loughbrack Church, a protected structure in Caherleske, Co. Kilkenny, into a domestic dwelling. While the applicants demonstrated significant administrative progress, including the appointment of a Grade 1 Conservation Architect and the preparation of method statements, the local authority's site inspection revealed a total absence of physical construction activity. The applic...SOURCE PDFOpen Original
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