Core Refusal Reason
The application for an extension of duration was refused because 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 statutory requirements.
Decision Maker's Conclusion
- The applicant failed to satisfy the requirements of Section 42 of the Planning and Development Act 2000 (as amended), as the development had not commenced before the expiration of the original permission.
- No substantial works were carried out pursuant to the permission during the appropriate period, which is a necessary condition for granting an extension under current legislation.
- The Planning Authority is precluded from granting the extension as the applicant confirmed in the application form that works had not begun and no commencement notice was on file.
Cited Policies (CDP)
Decision Document Summary
The applicant sought a five-year extension of duration for a previously approved development (Ref: 17/454) consisting of a one-and-a-half-storey dwelling, garage, and wastewater treatment system at Aghaviller, Hugginstown, Co. Kilkenny. While the applicant cited Covid-19 and financial difficulties as reasons for the delay, the Planning Authority refused the application. The refusal was based on the project's failure to comply with Section 28 of the Planning and Development Act 2016 (amending Sec...SOURCE PDFOpen Original
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