Core Refusal Reason
The application for an extension of duration was refused because development had not commenced and no substantial works had been carried out, failing to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection confirmed that development of the dwellinghouse and associated works had not yet commenced.
- The application fails to comply with Section 42(1)(a)(i) and (iii) of the Planning and Development Act 2000, which requires that development must have commenced and substantial works must have been carried out before an extension can be granted.
- Under the amended provisions of the Planning and Development Act, the Planning Authority is legally precluded from granting an extension of duration for un-commenced developments where no substantial work has been performed.
Cited Policies (CDP)
Decision Document Summary
The applicant, Gerry Phelan, sought an extension of duration for planning permission P17/709 to construct a dwellinghouse and associated works at Rossenarra Demesne, Kilmoganny, Co. Kilkenny. Although the original permission was valid until February 2023, a site inspection revealed that no construction activity had taken place. Due to legislative changes in the Planning and Development Act 2000 (as amended by the 2016 Act), the Planning Authority is prohibited from extending the duration of a pe...SOURCE PDFOpen Original
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