22418

EXTENSION OF DURATION of planning file ref. 17/354 for development which will consist of a single storey extension over the footprint of an existing roof terrace. Extension to accommodate a dining area, lounge room and store room along with an entrance canopy at ground floor together with all associated site works

Refused

Core Refusal Reason

The application for an Extension of Duration was refused because no development had commenced on site, meaning the mandatory statutory requirement for 'substantial works' to have been carried out under Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 (as amended) was not satisfied.

Decision Maker's Conclusion

  • A site inspection conducted on 1st July 2022 confirmed that no development works had commenced on the site, despite the applicant's stated intention to begin in June 2022.
  • Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 (as amended) stipulates that a Planning Authority shall only extend a permission if satisfied that substantial works were carried out during the original period.
  • As no works were undertaken, there is no legislative provision to grant an extension, and the application must be refused as it is contrary to the requirements of the Act.

Cited Policies (CDP)

Waterford City Development Plan 2013-2019Zoned General Business [M5]

Decision Document Summary

The applicant sought an Extension of Duration for planning file ref. 17/354, which permitted a single-storey extension over an existing roof terrace at Ardkeen, Dunmore Road, Waterford. While the application was submitted within the correct timeframe, the Planning Authority's inspection revealed that the permitted development had not yet commenced. Consequently, the application was refused because it failed to meet the legal threshold of having completed 'substantial works' as required by Sectio...
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