2295
EXTENSION OF DURATION OF Planning Reg. No. 16/379; to erect fully serviced two storey building incorporating ground floor shop, deli area, storage & w.c. facilities & first floor office area. Development also consists of relocation and alteration of existing forecourt, fuel pumps & canopy, associated carparking & signage with connection to water mains, foul sewer and all associated ancillary site works. Significant further information and revised plans have been submitted
Refused
Core Refusal Reason
The application failed to meet the statutory requirement for an extension of duration because no substantial works had been carried out on the site prior to the application, as mandated by Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The applicant explicitly stated that no works have commenced on the site to date, with a projected start date not until August 2023.
- Under the legislative amendments introduced in September 2021, the planning authority is required to be satisfied that substantial works were carried out during the initial permission period to grant an extension.
- The proposal fails to meet the requirements of subsections (1)(a)(i)(I) and (1)(a)(i)(III) of Section 42 of the Planning and Development Act 2000, as amended.
Cited Policies (CDP)
Decision Document Summary
Brady's Cavan Ltd. applied for a five-year extension of duration for planning permission (Ref: 16/379) to construct a two-storey commercial building incorporating a shop, deli, and offices, along with forecourt redevelopments at Killynebber, Cavan Town. The site is situated on the Dublin Road (R212-4). The local authority refused the extension because the applicant confirmed that no physical development had commenced on-site, meaning the mandatory legal threshold of having completed 'substantial...SOURCE PDFOpen Original
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