23122

extension of duration of planning file 18/89 to build detached, single storey house, together with associated site development works, including entrance from public road and the installation of all necessary services, including on site foul drainage disposal

Refused

Core Refusal Reason

The development had not commenced and no substantial works were carried out during the original permission period, failing to meet the mandatory statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000.

Decision Maker's Conclusion

  • The development permitted under planning file 18/89 had not commenced on site prior to the application for an extension of duration.
  • The application failed to satisfy Section 42(1)(a)(i)(III) of the Planning and Development Act 2000, as amended, which requires that substantial works must have been carried out during the appropriate period of the permission.
  • Under current legislation, the Planning Authority has no provision to extend the life of a permission where the development has not commenced and substantial works have not been undertaken.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for planning file 18/89, which authorized the construction of a detached single-storey house, entrance, and foul drainage system at Dunabrattin, Annestown, Co. Waterford. The subject site is located within an 'Area Under Strong Urban Influence' and is zoned for Agriculture under the Waterford City & County Development Plan 2022-2028. The Planning Authority refused the extension because the development had not yet commenced and no substantial works...
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