2226

EXTENSION OF DURATION OF 17/332 - Permission for development to consist of Solar PV Energy Development of maximum export capacity 4MW to include photovoltaic panels on ground mounted frames/support structures; one ESB Networks substation building with a height not exceeding 4m; underground cabling and ducting; 3 no. inverter/transformer/storage stations with a height of 2.7m; perimeter (stock proof) security fencing; security cameras; site access; temporary construction compound

Refused

Core Refusal Reason

The development had not commenced on-site, and legislative amendments to Section 42 of the Planning and Development Act 2000 removed the provision to extend permissions for un-commenced developments where substantial works have not been carried out.

Decision Maker's Conclusion

  • The development granted under planning reference 17/332 has not commenced on-site, and no substantial works have been carried out to date.
  • Legislative amendments effective from 9th September 2021 deleted the provision allowing for the extension of duration for un-commenced developments, making the request legally impermissible.
  • Considerations of an economic nature, such as being unsuccessful in a renewable energy support scheme auction, cannot be considered as grounds for extension under the updated statutory framework.

Cited Policies (CDP)

Decision Document Summary

This application sought a five-year extension of duration for a previously granted 4MW solar PV energy development at Drumcar Road, Dunleer (Ref: 17/332). The applicant, Peter Dunne, cited failure to secure a renewable energy support scheme auction as the primary reason for the delay in commencement. Louth County Council refused the extension because no physical works had started on-site. Under Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 (as amended...
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