Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) as no development had commenced and no substantial works were carried out prior to the expiration of the original permission.
Decision Maker's Conclusion
- The development has not commenced and will not commence before the expiration of the original planning permission (Ref. 17/26) on 06th July 2022.
- No substantial works were carried out pursuant to the permission during the appropriate period, a fact confirmed by both a site inspection and the applicant's own application details.
- Current legislation, following amendments by the European Union (Planning) (Habitats, Birds and Environment Impact) Regulations 2021, no longer provides a provision to extend the appropriate period where development has not commenced.
Cited Policies (CDP)
Decision Document Summary
The applicant sought to extend the appropriate period of planning permission (Ref. 17/26) for a dwelling house, foul sewer treatment plant, and site entrance at Breaffy South, Miltown Malbay, Co. Clare. The Planning Authority refused the extension because a site inspection and the application details confirmed that no works had commenced on-site. Under Section 42 of the Planning and Development Act 2000 (as amended), the authority was not satisfied that the development had commenced or that subs...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.