Core Refusal Reason
The development had not commenced and no substantial works were carried out prior to the expiration of the original planning permission, failing to meet the mandatory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- A site inspection on 23/03/23 confirmed that no development works had commenced prior to the expiration of the original permission P17/787 on 04/04/23.
- The application failed to satisfy the requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000, as no substantial works were carried out during the appropriate period.
- Following legislative amendments in 2021, there is no longer a provision in the legislation to extend the appropriate period of a development when the development has not commenced before the expiration of the original permission.
Cited Policies (CDP)
Decision Document Summary
The applicants sought a five-year extension of the appropriate period for planning permission P17/787, which authorized the construction of a dwelling house, garage, and wastewater treatment system at Ballyveghlan, New Quay, Co. Clare. The Planning Authority refused the extension because a site inspection and the application details confirmed that no works had commenced on-site before the original permission's expiry date of April 4, 2023. Under Section 42 of the Planning and Development Act 200...SOURCE PDFOpen Original
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