Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) as no development had commenced on-site and no substantial works were carried out prior to the expiration of the original permission.
Decision Maker's Conclusion
- The Planning and Development Act 2000 (as amended) requires that for an extension of duration to be granted, the development must have commenced and substantial works must have been carried out before the expiration of the appropriate period.
- Evidence from site inspections and the applicant's own submission confirms that no works have commenced on the site to date, with commencement not anticipated until early 2023.
- Because the mandatory legislative criteria regarding the commencement of development and the performance of substantial works were not satisfied, the planning authority is unable to grant an extension of time.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year extension of duration for a previously approved single-storey dwelling and wastewater treatment system at Shibblis, Cootehill, Co. Cavan (Ref. 15/510). The original permission expired in December 2021. The local authority refused the extension request because the project failed to meet the updated statutory requirements of Section 42 of the Planning and Development Act, which necessitates that substantial works must have been completed prior to the expiry of t...SOURCE PDFOpen Original
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