22504

to Extend the Appropriate Period of Planning Permission P17/191 to (a) carry out alterations to existing dwelling house and to construct an extension to the east side of this existing dwelling along with new sewage treatment system, new entrance and access road and ancillary works and (b) to construct a new agricultural machinery shed adjacent to the farm yard / rear of the existing dwelling along with ancillary works

Refused

Core Refusal Reason

The application failed to satisfy the requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), as the Planning Authority determined that substantial works had not been carried out during the appropriate period of the original permission.

Decision Maker's Conclusion

  • A site inspection confirmed that while the subfloor of the dwelling extension was in place, no rising walls had been built and the proposed agricultural shed had not been constructed.
  • The Planning Authority concluded that the works undertaken on-site did not constitute 'substantial works' as defined under the relevant planning legislation.
  • Due to the failure to demonstrate substantial progress and the removal of legislative provisions for extensions where work has not significantly commenced, the request to extend the permission until June 2025 was refused.

Cited Policies (CDP)

Decision Document Summary

Brendan & Linda Downes applied to extend the duration of planning permission P17/191 for a dwelling extension, new sewage system, and agricultural shed at Lack East, Knockalough, Kilrush, Co. Clare. While the application was lodged before the original permission expired, a council inspection revealed that only minimal works (the subfloor of the extension) had been completed. The Planning Authority refused the extension because the project failed to meet the statutory threshold of 'substantial wo...
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