Core Refusal Reason
The application for an Extension of Duration was refused because no works had commenced on site, failing to meet the mandatory statutory requirement for 'substantial works' to have been carried out under Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The applicant explicitly stated in the application that no works have commenced on the site due to economic reasons and the high cost of labor and materials.
- Under the Planning and Development (Amendment) Act 2021, an extension of duration can only be granted if the planning authority is satisfied that substantial works were carried out prior to the expiration of the appropriate period.
- As no physical development has taken place, the applicant is unable to meet the requirements of subsections (1)(a)(v)(I) and (II) of section 42 of the Act, and therefore the extension cannot be legally granted.
Cited Policies (CDP)
Decision Document Summary
This proposal sought a three-year Extension of Duration (EOD) for a previously permitted development (Ref: 16/325) consisting of a dormer dwelling, detached garage, and associated site works at Corramoreen, Redhills, Co. Cavan. The site is located adjacent to the zoning boundary of Redhills Village. The application was refused because the applicant confirmed that no construction works had commenced on the site. Following legislative changes in 2021, the Planning Authority is precluded from grant...SOURCE PDFOpen Original
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