Core Refusal Reason
The extension of duration was refused because the works carried out prior to the expiration of the original permission were not deemed 'substantial' as required by Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- While the development had commenced with the creation of a site entrance and concrete foundations, these works were not considered 'substantial' relative to the overall permitted project.
- The applicant failed to satisfy the statutory requirements of Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 (as amended), which mandates that substantial works must be completed during the initial permission period.
- The Planning Authority determined that the life of the planning permission should not be extended as the legal criteria for an extension of duration were not met.
Cited Policies (CDP)
Decision Document Summary
Ian and Brigid Mannion sought a five-year extension of duration for planning permission (Ref: 17/557) to construct a single-storey dwelling, waste water treatment system, and new entrance at Coolehill Upper, Windgap, Co. Kilkenny. Although the applicants cited Covid-19 restrictions as the cause for delay, a site inspection conducted after the original permission expired revealed only minimal groundworks and foundations had been completed. Kilkenny County Council refused the extension on the grou...SOURCE PDFOpen Original
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