Core Refusal Reason
The application for an extension of duration was refused because no substantial works had been carried out on the site prior to the application, and the legislative provision allowing for extensions based on commercial or technical delays has been repealed.
Decision Maker's Conclusion
- A site inspection conducted on 07/03/2023 confirmed that no physical works pursuant to the original planning permission (Reg. No. 17/946) have been carried out on the site.
- Under Section 42 of the Planning and Development Act 2000 (as amended), an extension of the appropriate period cannot be granted unless substantial works have been completed.
- The deletion of Section 42(1)(a)(ii) of the Act in September 2021 removed the legal basis for granting extensions due to commercial, economic, or technical considerations where works have not commenced.
Cited Policies (CDP)
Section 11.6Objective KCDP 11-77Objective KCDP 11-78Section 11.6.3Section 11.6.3.2
Decision Document Summary
The applicant sought an extension of duration for a permitted development consisting of a single-storey dwelling with attic accommodation and the relocation of a storage shed at Barrow, Ardfert, Co. Kerry. The site is situated in a 'Rural General' landscape character area between Spa and Ardfert. Kerry County Council refused the extension because the site remains in its original state with no substantial construction works undertaken. While the applicant cited funding issues and COVID-19 as reas...SOURCE PDFOpen Original
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