2239

proposed change of dwelling house design from a two storey type dwelling house that was previously granted full planning permission under planning reference number PL17/274 to a single storey bungalow type dwelling house with detached garage, entrance, boundary fence/wall, suitable onsite sewerage treatment system with percolation area and ancillary site works

Refused

Core Refusal Reason

The application for an extension of duration was refused because Condition No. 2 of the parent permission (PL18-163) specifically limited the completion date to the expiration of a previous permission (PL17-274), making the development ineligible for an extension under Section 42 of the Planning and Development Act.

Decision Maker's Conclusion

  • The applicant sought a five-year extension of duration for a residential development at Knockanbaun or Whitehill where no construction work has yet commenced.
  • While the applicant's economic reasons for the delay in commencement were deemed acceptable, the proposal failed to meet the legal requirements for an extension.
  • The Planning Authority determined that Section 42 of the Planning and Development Act does not apply because the parent permission contained a specific condition tying its expiration to an earlier grant of permission.

Cited Policies (CDP)

Decision Document Summary

This application (Ref 22-39) sought to extend the duration of planning permission for a single-storey bungalow, garage, and proprietary effluent treatment system at Knockanbaun or Whitehill, Edgeworthstown, Co. Longford. The proposal was a change of design from a previously approved two-storey dwelling. Although the Planning Authority noted that development policies had not changed and the applicant's reasons for delay were valid, the extension was refused. The refusal was based on the fact that...
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