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 original permission period, failing to meet the mandatory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The applicants confirmed in the submitted Section 42 application form that works on the site have not yet started.
- Under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), an extension of duration requires that substantial works were carried out during the appropriate period of the permission.
- Legislative amendments introduced by the Planning and Development (Housing) and Residential Tenancies Act 2016 have removed the possibility of extending the duration for uncommenced developments where no substantial works have been performed.
Cited Policies (CDP)
Carlow County Development Plan 2015-2021Carlow County Development Plan 2022-2028
Decision Document Summary
The proposal sought a five-year extension of duration for a previously granted permission (PL 18/430) to construct a fully serviced residence, entrance, and associated site works at Coonogue, Ballymurphy, Co. Carlow. The site is located in a rural area approximately 2km east of Ballymurphy village within the Blackstairs and Mount Leinster Uplands Character Area. Although internal reports from the Municipal District and Environment departments were favorable, the Planning Authority refused the ex...SOURCE PDFOpen Original
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