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), as the Planning Authority determined that 'substantial works' had not been carried out during the appropriate period of the original permission.
Decision Maker's Conclusion
- While development had commenced prior to the expiration of the original permission (P18/259), the works completed (foundations and floor slab) were not considered 'substantial' in the context of the overall project.
- The application does not comply with the mandatory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000, as amended, regarding the extent of works undertaken.
- Consequently, an extension of the appropriate period for the construction of the yoga and meditation studio is not permitted under the current legislative framework.
Cited Policies (CDP)
Decision Document Summary
This application sought to extend the duration of planning permission (P18/259) for a yoga and meditation studio at Ballyhean, Liscannor, Co. Clare. Although the applicant had commenced works by pouring foundations and a floor slab, the Planning Authority determined that these did not constitute 'substantial works' as required by Section 42 of the Planning and Development Act 2000. As the statutory criteria for an extension of duration were not fully met, the local authority refused the extensio...SOURCE PDFOpen Original
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