211084

EXTENSION OF DURATION of Planning Ref. 17/70 for construction of 5 no. two storey dwelling units, completion of associated access road and footpath, connections to existing public water main, foul & surface water drainage and all ancillary site works (Previously permitted planning ref. No. 05/530). The proposed 5 no. residential dwellings will comprise 2 no. semi-detached and 3 no. duplex apartments

Refused

Core Refusal Reason

The application failed to meet the mandatory statutory requirements of Section 42(1)(a) of the Planning and Development Act 2000 because 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 to which the permission relates was not commenced before the expiration of the appropriate period sought to be extended.
  • Substantial works were not carried out pursuant to the permission during the appropriate period, failing the requirements of Section 42(1)(a)(III) of the Act.
  • The applicant failed to provide the information required under Article 42(ff) of the Planning and Development Regulations 2001, resulting in non-compliance with Section 42(1)(b) and (c) of the Planning and Development Act 2000.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for planning permission (Ref. 17/70) for the construction of five two-storey dwelling units and associated site works at The Mills, Ballysaggart Beg, Lismore, Co. Waterford. Waterford City and County Council refused the request as the applicant confirmed that development had not yet commenced and no substantial works had been undertaken. Under Section 42 of the Planning and Development Act 2000 (as amended), an extension cannot be granted if the a...
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