23539

to Extend the Appropriate Period of Planning permission P15/430 for development which will consist of (a) the demolition of an existing substandard dwelling structure and the construction of a replacement new single storey pitched roof dwelling, (b) the construction of a detached single storey pitched roof domestic garage adjacent to the proposed new dwelling, (c) 8 sqm of solar panels to the south roof plane of the proposed new dwelling, (d) new waste water drip distribution system to the proposed new dwelling, (e) new vehicular entrance and driveway to the proposed new dwelling and (f) all ancillary site works

Refused

Core Refusal Reason

The application for an Extension of Duration was submitted nearly three years after the original planning permission (P15/430) had expired, failing to meet the mandatory statutory timelines required under Section 42 of the Planning and Development Act 2000 and Article 41 of the Planning and Development Regulations 2001.

Decision Maker's Conclusion

  • The application was received on 20/10/2023, which is significantly outside the appropriate period as the original permission (P15/430) expired on 30/10/2020.
  • The proposal fails to comply with Section 42(1)(d) of the Planning and Development Act 2000 (as amended), which requires applications to be made prior to the end of the appropriate period.
  • The application is inconsistent with Article 41(1) of the Planning and Development Regulations 2001, which stipulates that an application for an extension of duration must be made within one year of the permission expiring.

Cited Policies (CDP)

Decision Document Summary

Elizabeth Walsh sought an Extension of Duration for planning permission P15/430, which authorized the demolition of a substandard dwelling and the construction of a replacement single-storey dwelling, garage, and associated site works at Slievenagry, Kilshanny, Co. Clare. While the Planning Authority noted that substantial works had been carried out and the dwelling appeared occupied, the application was refused because it was submitted on 20/10/2023, nearly three years after the original permis...
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