23469
for existing site works and store container and permission is being sought for dwelling house, garage and private wastewater treatment system with all associated works and ancillary services. Gross floor space of proposed works (house) - 249 sqm. (garage) - 60 sqm. Gross floor space of works to be retained (Store Container) - 27.4 sqm
Refused
Core Refusal Reason
The application failed to meet the statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), as no substantial works were carried out pursuant to the parent permission (18/1400) during its appropriate period.
Decision Maker's Conclusion
- The development does not meet the criteria set out under Section 42(1)(a)(i) of the Act because no substantial works have been completed on foot of the grant of permission under PL. Ref. 18/1400.
- A site inspection confirmed that the foundations currently on site were already in situ prior to the grant of the parent permission, and no additional significant development has occurred since.
- Following legislative amendments introduced by the 2016 Act, there is no longer a legal provision (formerly Section 42(1)(a)(ii)) to facilitate an extension of duration based on commercial, economic, or technical delays for projects that have not commenced or achieved substantial completion.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an Extension of Duration for a development previously approved under Pl. Ref. 18/1400, which included a dwelling house, garage, and wastewater treatment system at Maigh Cuilinn. The Planning Authority refused the application on the grounds that it failed to satisfy the mandatory criteria of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended). A site inspection revealed that no substantial works had been carried out pursuant to the permission since it wa...SOURCE PDFOpen Original
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