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 statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The development authorized under planning reference P18/191 had not commenced prior to the expiration of the appropriate period or the filing of the extension application.
- No substantial works were carried out pursuant to the permission during the appropriate period, which is a mandatory requirement under Section 42(1)(a)(i) and (iii) of the Planning and Development Act 2000 (as amended).
- The application fails to comply with the legislative amendments introduced by Section 28 of the Planning and Development (Housing) and Residential Tenancies Act 2016, which removed the possibility of extensions for un-commenced developments.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for planning permission P18/191, which granted permission for a dwelling house, domestic garage, and ancillary works at Ballyrowragh, Slieverue, Co. Kilkenny. The Planning Authority recommended refusal because the applicant stated in the application form that development had not commenced, and no commencement notice was found on the parent file. Under current legislation, specifically Section 42 of the Planning and Development Act 2000 as amended ...SOURCE PDFOpen Original
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