Core Refusal Reason
The Planning Authority was not satisfied that the development had commenced or that substantial works had been carried out prior to the expiration of the appropriate period, as required under Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The Planning Authority is not satisfied that the development permitted under Ref. 17/300 has commenced or that substantial works were carried out prior to the expiration of the appropriate period.
- There is a lack of documentary evidence or particulars, such as haulage receipts or topographical surveys, to support the applicant's claim that the works are two-thirds complete.
- The applicant failed to comply with several prior-to-commencement conditions of the parent permission, most notably Condition 20 which required a Section 47 legal agreement to sterilize the land for agricultural use.
Cited Policies (CDP)
Decision Document Summary
The proposal sought an extension of duration for a previously granted permission (Ref. 17/300) to raise 0.934 hectares of land by 1.5 meters using subsoil and topsoil at Allenwood North, Co. Kildare. The site is a narrow, overgrown plot located in a rural context north of the R403 Regional Road. The application was refused primarily because the Planning Authority could not verify that substantial works had been undertaken before the permission's expiry, noting a lack of physical evidence on-site...SOURCE PDFOpen Original
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