211077

to Extend the Appropriate Period of Planning Permission for P17-453 to construct a dwelling house on site forming part of Site No. 12 Abbeylawn, Kildysart Road, Ennis, Co. Clare, connect to public water supply, connect to public sewer and carry out all ancillary site works

Refused

Core Refusal Reason

The application to extend the duration of an outline planning permission is legally impermissible under Section 36(3)(c) of the Planning and Development Act 2000, as amended.

Decision Maker's Conclusion

  • The application seeks an extension of duration for an outline planning permission (P17-453) which expired on 30/08/2020.
  • Section 36(3)(c) of the Planning and Development Act 2000 explicitly states that the provisions for extending the duration of a permission (Sections 40, 41, and 42) do not apply to outline permissions.
  • As the subject permission is an outline permission, the Planning Authority is legally precluded from granting an extension of its appropriate period.

Cited Policies (CDP)

Decision Document Summary

The applicant, Ko Moi Man, sought an extension of duration for outline planning permission (P17-453) to construct a dwelling house at 12 Abbeylawn, Kildysart Road, Ennis, Co. Clare. The original outline permission expired in August 2020. The application was refused because, under Section 36(3)(c) of the Planning and Development Act 2000, the statutory provisions for extending the life of a planning permission do not apply to outline permissions, making the request legally invalid....
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