23324

Extension of duration for construction of 36 dwelling houses as permissioned under ref no 12500066 (extended under 17/222 and 22/798), together with all public lighting, foul drainage, stormwater drainage and watermain elements in accordance with the detail and terms of the previous planning permission granted under planning 12/500066 (extended under Ref 22/798)

Refused

Core Refusal Reason

The application for an extension of duration was refused because the planning permission had already been extended for the maximum statutory limit of five years permitted under Section 42(4) of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

Section 42(4) of the Planning and Development Act 2000 (as amended) stipulates that a planning authority shall not extend the appropriate period of a permission more than twice.
The legislation mandates that the combined duration of the two extensions of the appropriate period shall not exceed five years.
As the development was previously granted a five-year extension under planning reference 17/222, the Planning Authority has no statutory power to grant a further extension.

Cited Policies (CDP)

Decision Document Summary

Belindere Homes Ltd sought an extension of duration for the construction of 36 dwelling houses at Quarry Road-Bilberry Road, Waterford, originally permitted under reference 12/500066. The site is zoned 'New Residential' under the Waterford City and County Council Development Plan 2022-2028. The application was refused because the permission had already reached its maximum statutory extension limit of five years under Section 42(4) of the Planning and Development Act 2000, leaving the local autho...

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