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 the development had not commenced and no substantial works were carried out prior to the expiration of the original permission.
Decision Maker's Conclusion
- The development permitted under planning reference P16/867 had not commenced prior to 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 a site inspection.
- Following legislative changes in 2021, there is no longer a provision in the Planning and Development Act to extend a permission where development has not commenced before the expiration of the appropriate period.
Cited Policies (CDP)
Decision Document Summary
This application sought to extend the appropriate period of planning permission P16/867, which authorized an extension to an existing dwelling and a sewage treatment system upgrade at Einagh, Kilrush, Co. Clare. The Planning Authority refused the extension because the applicant failed to demonstrate that the development had commenced or that substantial works had been undertaken before the original permission expired on February 12th, 2022. Consequently, the proposal did not comply with the mand...SOURCE PDFOpen Original
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