23490

to Extend the Appropriate period of Planning Permission for P18/299 to demolish existing dwelling house and garage, construct two detached dormer dwellinghouses, two semi-detached dormer dwellinghouses, four semi-detached two storey dwellinghouses, one private garage, access road and services

Refused

Core Refusal Reason

The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) because no works had commenced on-site and no substantial works had been carried out prior to the application for an extension of duration.

Decision Maker's Conclusion

  • The Planning Authority determined through site inspection that no physical works had commenced on the site and no substantial works had been undertaken pursuant to the original permission (P18/299).
  • Legislative amendments introduced by the European Union (Planning) (Habitats, Birds and Environment Impact) Regulations 2021 removed the provision that previously allowed for extensions of duration based on commercial, economic, or technical reasons where development had not yet commenced.
  • The application does not comply with the mandatory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000, as amended, which necessitates that development must have commenced before an extension can be granted.

Cited Policies (CDP)

Decision Document Summary

The applicant sought a five-year extension of duration for planning permission P18/299, which authorized the demolition of an existing dwelling and the construction of eight houses and associated services at Tobarteascain, Clonroadmore, Ennis, Co. Clare. Following a site inspection, the Planning Authority confirmed that no construction works had commenced. Under current legislation (Section 42 of the Planning and Development Act 2000, as amended), an extension cannot be granted if development ha...
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