Core Refusal Reason
The application for an Extension of Duration was refused because development had not commenced on-site and substantial works had not been carried out prior to the expiration of the original permission, failing to meet the statutory requirements of Section 42(1) of the Planning and Development Act 2000.
Decision Maker's Conclusion
- Under Section 42(1) of the Planning and Development Act 2000 (as amended), an extension of duration can only be granted if the planning authority is satisfied that the development commenced and substantial works were carried out before the expiration of the appropriate period.
- A site inspection conducted on 7th September 2022 confirmed that no works had commenced on the site, and the planning authority is therefore not satisfied that work had commenced within the appropriate period.
- As the statutory requirement for the commencement of substantial works was not met, the planning authority is legally precluded from further extending the appropriate period beyond what was permitted under the original reference 17/406.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously granted permission (Ref. 17/406) for a dwelling house, detached domestic garage, and associated site works at Ardballan, Togher, Co. Louth. The applicant cited construction and financial delays due to the Covid-19 virus as the grounds for the application. Louth County Council refused the request because a site inspection verified that no development had commenced on-site. Since Section 42 of the Planning and Development Act 2000 r...SOURCE PDFOpen Original
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