Core Refusal Reason
The application for an extension of duration was refused because development had not commenced and no substantial works had been carried out on site, failing to meet the mandatory statutory requirements of Section 42(1) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection conducted on 28/03/2022 confirmed that development had not commenced on the site prior to the expiration of the grant of permission.
- The applicant failed to satisfy the requirement to carry out substantial works pursuant to the permission during the appropriate period as required by Section 42(1)(a)(i)(II) of the Act.
- As the statutory criteria for an extension of duration were not met, the Planning Authority is precluded from extending the appropriate period of the planning permission.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously granted permission (Ref: 17/600844) for the construction of a single-storey split-level dwelling, vehicular entrance, and septic tank at Toor, Kilcash, Co. Tipperary. The Planning Authority refused the extension following a site inspection which revealed that no development had commenced on site. Consequently, the proposal failed to meet the legal requirements of Section 42(1) of the Planning and Development Act 2000 regarding the...SOURCE PDFOpen Original
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