2239

EXTENSION OF DURATION OF 16/937 - Permission for development to consist of the construction of 39 residential units comprising: a) 12 no. 4 bedroom semi-detached units, 14 no. 3 bedroom semi-detached units, 9 no. 2 bedroom terraced units, 1 no. duplex unit comprising of 2 no. 2 bedroom apartments, and 2 no. 3 bedroom duplex units. b) Completion of site development works previously granted planning permission under planning reference 06/448

Refused

Core Refusal Reason

Failure to satisfy the statutory requirement that development had commenced and substantial works had been carried out prior to the application for an extension of duration.

Decision Maker's Conclusion

  • The planning authority was not satisfied that the development had commenced and that substantial works had been carried out as required under Section 42(1B) of the Planning and Development Act 2000.
  • Legislative amendments have removed the possibility of an extension of duration for un-commenced developments or those where substantial works have not been performed.
  • As the mandatory legal tests for an extension were not met, the Planning Authority is statutorily precluded from extending the appropriate period of the permission.

Cited Policies (CDP)

Decision Document Summary

Destrina Ltd sought an extension of duration for planning permission (Ref: 16/937) concerning the construction of 39 residential units and the completion of site works at Oriel Heights, Drogheda Road, Collon, Co. Louth. Louth County Council refused the application on the grounds that the applicant failed to demonstrate that the development had commenced and that substantial works had been carried out on-site. Under Section 42 of the Planning and Development Act 2000 (as amended), the Planning Au...
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