211445

construction of a replacement dwelling with garage, new entrance, septic tank and percolation area with all associated and ancillary siteworks, and for the change of use of existing dwelling on site to use as a garage/store

Refused

Core Refusal Reason

The application was refused because it was submitted prematurely (more than 12 months before the original permission's expiry) and the development had not yet commenced on-site, failing to meet the statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000.

Decision Maker's Conclusion

  • The application was received more than 12 months prior to the expiration of the grant of permission, which does not satisfy the requirements of Section 42(1)(c) of the Planning and Development Act 2000 (as amended).
  • A site inspection conducted on 08/11/2021 confirmed that development has not commenced on site, therefore failing to satisfy the requirements of Section 42(1)(a)(i)(I) and (II) regarding substantial works.
  • The application fails to satisfy the alternative criteria for extension under Section 42(1A) or 42(1B) of the Act, as the development has not commenced.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for planning permission (Ref: 17/600588) concerning the construction of a replacement dwelling, garage, and new entrance at Ballyknock, Cashel, Co. Tipperary. Tipperary County Council refused the application on statutory grounds. The primary reasons for refusal were that the request was lodged more than one year before the original permission was set to expire and that a site inspection revealed no works had commenced on the site, meaning the appl...
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