Core Refusal Reason
The application failed to meet the statutory requirements for an extension of duration as development had not commenced and no substantial works had been carried out on-site prior to the expiration of the original permission.
Decision Maker's Conclusion
- The application was assessed under Section 42 of the Planning and Development Act 2000 (as amended), specifically Section 42B regarding extensions of duration.
- Site inspection and applicant confirmation established that development works had not yet commenced on the subject site.
- The Planning Authority is legally precluded from granting an extension because the proposal does not accord with Section 42B (a) (v) of the Act, which requires that substantial works must have been carried out.
Cited Policies (CDP)
Decision Document Summary
The applicant sought a five-year extension of duration for a permitted 39-unit residential development (Ref 16/463) on a 1.128-hectare site at Cooltederry, Portarlington, Co. Laois. The site is located south of the town, adjacent to existing housing and a railway line. The Planning Authority refused the extension because the mandatory legal criteria under the Planning and Development Act were not met; specifically, no development works had commenced on-site, and no substantial works had been com...SOURCE PDFOpen Original
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