Core Refusal Reason
The application to extend the duration of the planning permission was refused because the Planning Authority determined that substantial works had not been carried out on-site, failing to meet the mandatory requirements of Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- While preliminary ground works and a retaining wall have been constructed, the Planning Authority considers that 'substantial works' have not been carried out pursuant to the permission.
- The development fails to satisfy the requirements of Section 42(1)(a) of the Planning and Development Act 2000, which necessitates that substantial works be completed within the appropriate period for an extension to be granted.
- There are no legislative provisions under Section 42 or the temporary modifications of Section 42B to allow for an extension of duration in the absence of substantial works.
Cited Policies (CDP)
Decision Document Summary
Tack Packaging 2000 Ltd sought a three-year extension of duration for a previously granted permission (Ref: 17/718 / ABP-301459-18) involving the demolition of a dwelling and the construction of three detached houses at Church Road, Delgany. Despite the submission of a commencement notice and the execution of some initial site works, including a retaining wall, the Planning Authority concluded that these did not constitute 'substantial works' as required by law. As the statutory criteria for an ...SOURCE PDFOpen Original
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