Core Refusal Reason
Failure to demonstrate that substantial works were carried out pursuant to the permission prior to the expiration of the appropriate period as required under Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The application fails to satisfy the mandatory statutory requirements of Section 42(1)(a)(i)(III) of the Planning and Development Act 2000, as the Planning Authority is not satisfied that substantial works were carried out during the appropriate period.
- A comparison of site photographs from 2018 and 2023 revealed that much of the interior clearing had occurred prior to the original grant, and other works cited by the applicant, such as new windows and roof works, were either not part of the permitted development or insufficient in scale.
- While the development had commenced and the applicant indicated it would be completed within five years, the lack of significant progress on the specific works permitted under Ref. 17601372 precludes the granting of an extension of duration.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously granted permission (Ref. 17601372) for a change of use to retail and the development of seven residential units at Rosemary Street, Roscrea, Co. Tipperary. Tipperary County Council refused the extension because the applicant failed to meet the statutory threshold of having performed 'substantial works' before the permission's expiry. The Planning Authority's evaluation, supported by a comparison of 2018 and 2023 site photos, concl...SOURCE PDFOpen Original
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