Core Refusal Reason
The application failed to meet the statutory requirements for an extension of duration as the development had not commenced and no substantial works had been carried out during the appropriate period of the original permission.
Decision Maker's Conclusion
- The Planning Authority is not satisfied that the development to which permission 18/198 relates was commenced or that substantial works were carried out pursuant to that permission during its appropriate period.
- The applicant's documentation indicates that no works have been carried out to date and construction was not intended to commence until January 2023, which falls after the expiration of the original permission.
- The proposal does not comply with the terms of Section 42(1)(a)(i) of the Planning and Development Act, 2000 (as amended), particularly following legislative changes in 2021 which removed provisions for extending permissions where development had not yet commenced.
Cited Policies (CDP)
Decision Document Summary
The applicants sought an extension of the appropriate period for planning permission 18/198, which authorized the construction of a dwelling house, garage, and effluent treatment system at Drommoher, Kilnaboy, Co. Clare. The local authority refused the request because the development had not commenced and no substantial works had been undertaken on-site. Under Section 42 of the Planning and Development Act 2000, as amended by the 2021 Regulations, an extension cannot be granted for a development...SOURCE PDFOpen Original
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