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 on-site prior to the expiration of the original permission, failing to meet the mandatory statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection conducted on 13th January 2022 confirmed that development has not commenced on the site, failing to satisfy Section 42(1)(a)(i)(I) of the Act.
- The planning authority determined that no substantial works were carried out pursuant to the permission during the appropriate period, failing to meet the requirements of Section 42(1)(a)(i)(II).
- As the mandatory statutory criteria for an extension of duration under the Planning and Development Act 2000 (as amended) were not met, the authority is precluded from granting the extension.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously granted planning permission (Ref: 16/601053) for the erection of a two-storey house and associated site works at No. 13 Lakeview, Cullenagh, Ballina, Co. Tipperary. The local authority refused the extension following a site inspection which revealed that development had not yet commenced and no substantial works had been performed before the expiry of the original grant. Consequently, the proposal failed to meet the specific legal...SOURCE PDFOpen Original
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