Core Refusal Reason
The application for an extension of duration was refused because the development had not commenced and no substantial works had been carried out, failing to meet the mandatory statutory requirements of Section 42(1)(a) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection conducted on 22nd May 2023 confirmed that development work had not commenced on the subject site.
- There is no commencement notice on the parent file (P.17/801), indicating that no stated works have been initiated pursuant to the original grant of permission.
- The proposal fails to comply with the prerequisites for an extension of duration under Section 42(1)(a)(i) and (iii) of the Act, which require that substantial works must have been carried out during the appropriate period.
Cited Policies (CDP)
Decision Document Summary
Noreside Construction Ltd applied for an extension of duration for a residential development at Drakelands Lower, Kilkenny, originally permitted under P.17/801. The development was to consist of 16 semi-detached houses, 8 corner houses, 2 end terrace houses, 4 terraced houses, 7 apartments, and 7 duplex units. Although the applicant cited external factors for the delay—including Covid-19, financing difficulties, and CPO processes—the Planning Authority refused the extension. The refusal was base...SOURCE PDFOpen Original
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