Core Refusal Reason
The development had not commenced and no substantial works were carried out prior to the application for an extension of the appropriate period, failing to meet the mandatory statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection conducted on 20th February 2023 confirmed that no physical works had been carried out on the site to date.
- The application fails to satisfy Section 42(1)(a)(i) of the Planning and Development Act 2000, which requires the Planning Authority to be satisfied that development commenced and substantial works were carried out before the expiration of the appropriate period.
- Following legislative changes in 2021, there is no longer a provision in the Planning and Development Act to extend the appropriate period of a development where works have not yet commenced.
Cited Policies (CDP)
Decision Document Summary
This application sought a two-year extension of the appropriate period for planning permission P18/259, which authorized the construction of a yoga and meditation studio to the rear of an existing dwelling at Ballyhean, Liscannor, Co. Clare. While the application was lodged prior to the expiry of the original permission, a site inspection revealed that no development had taken place. Under current Irish planning law, specifically Section 42 of the Planning and Development Act 2000, an extension ...SOURCE PDFOpen Original
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