211002

Extension of Duration of 19/636 to alter the previously approved site layout (as permitted under Planning Ref. 05/60 & PL31.216423 and extended under Planning Ref. 18/68) to (a) replace 4 no. 2/3 storey duplex blocks (containing 40 units in total) with 22 no. two storey three bedroom semi detached/terraced units and (b) reposition 2 no. previously approved two storey terraced blocks (containing 8 no. 2 bedroom and 4 no. 3 bedroom units) on the site, together with all associated site works

Refused

Core Refusal Reason

The application for an extension of duration was submitted prematurely, more than one year before the expiration of the existing planning permission (19/636), which is contrary to the statutory requirements of Section 42(1) of the Planning and Development Act 2000.

Decision Maker's Conclusion

  • Planning permission 19/636 was granted on 13th July 2020 and is not due to expire until 12th July 2025.
  • Section 42(1) of the Planning and Development Act 2000 (as amended) stipulates that an application to extend the duration of a permission must be made not earlier than one year before the expiration of the appropriate period.
  • Because the application was lodged more than one year prior to the expiry date of the permission, the Planning Authority is not in a position to extend the life of the permission as it would be contrary to legislative provisions.

Cited Policies (CDP)

Decision Document Summary

J. & B. Neville Ltd. applied for an extension of duration for planning permission 19/636, which concerned alterations to a previously approved residential site layout at Radharc na Siure, Knockboy, Waterford. The development involved replacing 4 duplex blocks with 22 semi-detached/terraced houses and repositioning other blocks to provide 8 additional units. The Waterford City and County Council refused the extension because the application was submitted in December 2021, while the underlying per...
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