Core Refusal Reason
The application failed to meet the statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended) as substantial works had not been carried out before the expiration of the original planning permission.
Decision Maker's Conclusion
- The Planning Authority was not satisfied that the development had commenced or that substantial works were carried out prior to the expiration of the original planning permission (Ref: 19/450).
- Site inspections conducted on 28th February 2022 confirmed a lack of physical evidence of construction activity, such as hoarding, screening, or site works, despite a commencement notice being submitted in November 2021.
- Legislative changes introduced by the European Union (Habitats, Birds and Environment Impact) Regulations 2021 removed the provision to extend permissions where work had not commenced due to external factors, rendering the applicant's COVID-19 justification legally insufficient.
Cited Policies (CDP)
Decision Document Summary
Barra Oil sought a one-year extension of the appropriate period for planning permission 19/450, which concerned the redevelopment of an existing filling station at Station Road, Ennistymon, Co. Clare. The applicant cited delays due to the COVID-19 pandemic as the reason for the request. However, Clare County Council refused the application because site inspections revealed that no substantial works had been undertaken before the permission's expiry date. Under current legislation, the Planning A...SOURCE PDFOpen Original
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