Core Refusal Reason
The development had not commenced and no substantial works had been carried out prior to the expiration of the original planning permission, failing to meet the mandatory requirements of Section 42(1)(a) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection conducted on 4th May 2023 confirmed that development permitted under Pl. Ref. No 17/856 had not commenced and no substantial works were carried out prior to the expiry date of 20/03/2023.
- The application fails to satisfy the statutory requirements of Section 42(1)(a)(i) and (iii) of the Planning and Development Act 2000 (as amended), which require development to have commenced and substantial works to have been completed before an extension can be granted.
- Under current legislation, specifically amendments introduced by the Planning and Development (Housing) and Residential Tenancies Act 2016, there is no longer a provision to extend the duration of a permission for un-commenced developments.
Cited Policies (CDP)
Decision Document Summary
This application (Ref: 23/66) sought an extension of duration for a previously granted permission (Ref: 17/856) involving the renovation and 73m2 extension of an existing dwelling, a new wastewater treatment system, and site entrance alterations at Cappagh, Inistioge, Co. Kilkenny. The Planning Authority refused the request because the applicant failed to commence works or carry out substantial development before the original permission expired on March 20th, 2023. Despite the applicant citing e...SOURCE PDFOpen Original
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