Core Refusal Reason
The application failed to meet the statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended) because no development had commenced and no substantial works had been carried out on the site prior to the request for an extension.
Decision Maker's Conclusion
- The development to which the original permission (P18/433) relates was not commenced before the application for an extension of the appropriate period was made.
- A site inspection on 20th April 2023 verified that no works have been carried out to date, failing the legislative requirement that substantial works must be performed to qualify for an extension.
- Current planning legislation no longer provides a mechanism to extend the duration of a permission where development has not yet commenced, regardless of the applicant's intent to start in the future.
Cited Policies (CDP)
Decision Document Summary
The applicant, Gary Donnellan, sought an extension of the appropriate period for planning permission P18/433 to construct a dwelling house, garage, and wastewater treatment system at Cloonlaheen West, Mullagh, Co. Clare. While the application was submitted prior to the expiry of the original grant, a site inspection confirmed that no construction works had commenced on-site. Under Section 42 of the Planning and Development Act 2000 (as amended), an extension can only be granted if substantial wo...SOURCE PDFOpen Original
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