Core Refusal Reason
The application for an extension of duration failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) because the development had not commenced and no substantial works had been carried out.
Decision Maker's Conclusion
- The development permitted under planning reference P17/865 has not commenced and no substantial works were carried out prior to the application for an extension of duration.
- The proposal fails to comply with the mandatory requirements of Section 42(1)(a) and Section 42B of the Planning and Development Act 2000, as amended, regarding the extension of planning permissions.
- The planning authority is legally precluded from granting an extension of duration in instances where the development has not commenced and substantial works have not been undertaken.
Cited Policies (CDP)
Decision Document Summary
Liam and Maryann O' Connor sought an extension of duration for planning permission P17/865, which involved the demolition of an existing dwelling and the construction of a replacement two-storey house and proprietary wastewater treatment system at Loon, Castlecomer, Co. Kilkenny. The original permission was granted in June 2018 and was due to expire in July 2023. Kilkenny County Council refused the extension because the development had not yet commenced and no substantial works had been performe...SOURCE PDFOpen Original
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