Core Refusal Reason
The application for an Extension of Duration was refused because the development had not commenced and no substantial works were carried out during the appropriate period of the original permission, failing to meet the statutory requirements of Section 42(1)(a)(i)(III) of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The development permitted under planning reference 13/500056 (and previously extended under 18/401) has not commenced on-site as of the date of inspection.
- Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 mandates that a Planning Authority shall only extend a permission if satisfied that substantial works were carried out during the appropriate period.
- There is no legislative provision to extend the life of a planning permission where substantial works have not been undertaken, making the application contrary to the provisions of the Act.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an Extension of Duration for a planning permission (Ref: 13/500056) involving the removal of a front boundary wall, the provision of disabled access steps, and the creation of a new driveway at 8 Roanmore Park, Waterford City. Although the application was received before the expiry of the previous extension, the Planning Authority refused the request following a site inspection on 17th November 2023 which confirmed that no works had started. The refusal is based on the failu...SOURCE PDFOpen Original
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