Core Refusal Reason
The application for an extension of duration was refused because development had not commenced and no substantial works were carried out, failing to meet the mandatory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- A site inspection conducted on 3rd February 2023 confirmed that no development works had commenced on the subject site.
- The proposal fails to comply with Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 (as amended), which requires that substantial works must have been carried out during the appropriate period of the permission.
- There is no provision under current planning legislation to extend the life of a planning permission where development has not commenced and substantial works have not been undertaken.
Cited Policies (CDP)
Zoned Open Space and Recreation [OS]RPS No: WA730474
Decision Document Summary
The applicant, DK Meats, sought an extension of duration for planning permission (File 17/603) regarding the construction of a three-storey office extension to the rear of Viewmount House, a Protected Structure on Dunmore Road, Waterford. Although the application was submitted within the appropriate timeframe, the Planning Authority refused the request following a site inspection. The refusal is based on the fact that no physical works had started on-site, meaning the application could not satis...SOURCE PDFOpen Original
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