23325

Extension of Duration for construction of 44 dwelling houses as permissioned under Ref No. 18/804, together with all public works of roads, paths, public lighting, foul drainage, stormwater drainage and watermain elements in accordance with the detail and terms of previous planning permission granted under planning 12/500066 (Extended under REF 22/797)

Refused

Core Refusal Reason

The application for an Extension of Duration cannot be granted as the underlying permission for essential site infrastructure (Ref. 12/500066) has expired, and the applicant has failed to demonstrate that these works were substantially completed.

Decision Maker's Conclusion

  • The governing permission for site infrastructure (Ref. 12/500066) has expired, and the current application for an extension of duration (Ref. 23/325) does not include roads or services.
  • The applicant has not provided sufficient evidence or confirmation that site development works are substantially complete, which is a mandatory requirement for an extension under Section 42 of the Planning and Development Act 2000.
  • The Planning Authority is unable to extend the permission for the dwellings as the development is entirely reliant on infrastructure permitted under a separate permission that is no longer in effect.

Cited Policies (CDP)

WCCC Development Plan 2022 - 2028Zoned New Residential [R1]

Decision Document Summary

The applicant, Belindere Homes Ltd, sought an Extension of Duration for the construction of 44 dwellings at Quarry Road-Bilberry Road, Waterford, originally permitted under Ref. 18/804. Although the site is zoned 'New Residential' [R1] under the Waterford City & County Development Plan 2022-2028, the Planning Authority has stalled the decision (recommending Further Information) because the overarching permission for the site's infrastructure has expired. The extension cannot be granted until the...
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