Core Refusal Reason
The application for an extension of duration was refused because the Planning Authority was not satisfied that substantial works had been carried out on the development prior to the expiration of the original planning permission.
Decision Maker's Conclusion
- A site inspection conducted on 6th July 2023 confirmed that no physical works were evident on site, despite the applicant's claim that topsoil had been stripped.
- The Planning Authority determined that the statutory requirement under Section 42 of the Planning and Development Act 2000 (as amended) regarding the performance of substantial works had not been met.
- As substantial works were not carried out before the expiration of the appropriate period, the Planning Authority is legally precluded from extending the duration of the permission.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously permitted two-storey split-level dwelling (Ref. 18/204) at Drumullagh, Omeath, Co. Louth. The applicant cited delays related to the Covid-19 pandemic, family circumstances, and uncertainties regarding a compulsory purchase order for the Carlingford Louth Greenway. Louth County Council refused the extension on the grounds that a site inspection revealed no evidence of development works, meaning the mandatory legislative threshold f...SOURCE PDFOpen Original
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