Core Refusal Reason
The application for an extension of duration was refused because the development had not commenced and no substantial works had been carried out prior to the expiration of the original permission, failing to meet the mandatory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The planning authority is not satisfied that the development to which permission P16/919 relates was commenced before the expiration of the appropriate period.
- No substantial works were carried out pursuant to the permission during the original period of the grant as confirmed by the application form and a site inspection.
- Current legislation, following the 2021 amendment to the Planning and Development Act, no longer provides a mechanism to extend permissions where development has not commenced, regardless of commercial or economic considerations.
Cited Policies (CDP)
Decision Document Summary
Mark McGuire sought a five-year extension of duration for planning permission P16/919, which authorized the construction of a dwelling house, wastewater treatment plant, and garage at Knock, Inch, Co. Clare. The application was refused by Clare County Council because the applicant failed to demonstrate that the development had commenced or that substantial works had been completed before the expiry of the original grant. Following legislative changes in 2021, the planning authority determined th...SOURCE PDFOpen Original
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