22741
EXTENSION OF DURATION OF 17536 - Permission for development at this site will consist of conversion of existing shop unit into a 5 bedroom dwelling. Works include internal refurbishment works to the existing 139.41 square meter building, new windows to the external façade, new rooflights, 26.22 square meter new-build extension to the southern side of the building; new front boundary wall with bowtop fence enclosing new garden to north and west of the existing building and all associated site works
Refused
Core Refusal Reason
The application was refused because the development had not commenced on-site, and legislative amendments to Section 42 of the Planning and Development Act 2000 no longer permit the extension of duration for un-commenced developments.
Decision Maker's Conclusion
- A site inspection conducted on 13th October 2022 confirmed that no development works had commenced on the site prior to the expiration of the original permission.
- Legislative amendments introduced in September 2021 removed the legal provision to extend the appropriate period for developments where substantial works have not been carried out.
- The Planning Authority is not satisfied that there is a statutory basis to extend the lifetime of the permission given the lack of commencement, regardless of the commercial or funding reasons cited by the applicant.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously granted permission (Ref. 17/536) to convert a shop unit into a five-bedroom dwelling at Riverwell Close, Toberona, Dundalk. Louth County Council refused the extension because a site inspection verified that no physical works had commenced on the property. Under the amended Section 42 of the Planning and Development Act 2000, the authority is legally precluded from extending the duration of a permission for un-commenced development...SOURCE PDFOpen Original
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