Core Refusal Reason
The application for an extension of duration was refused because the permitted development had not commenced on-site prior to the expiration of the original planning permission's appropriate period, as required by Section 41 1(a) of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The Planning Authority is legally precluded from granting an extension of duration under Section 41 1(a) of the Planning and Development Act 2000 because no physical works had commenced on the site before the original permission expired.
- A site inspection confirmed that no development has taken place, and the applicant's own submission indicated that works were not scheduled to begin until April 2023.
- The proposal fails to satisfy the mandatory statutory requirements of Section 42 of the Act, which necessitates that the authority be satisfied that the development was commenced and substantial works were carried out during the appropriate period.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for a previously granted permission (ref 16/573) to construct a single-storey dwelling, garage, and septic tank at a rural site in Rathmiles, Co. Laois. Although the applicant cited the Covid-19 pandemic as the reason for the delay, a local authority site inspection verified that no works had commenced on the land. The application was refused because the Planning Authority is statutorily barred from extending a permission where the development has no...SOURCE PDFOpen Original
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