Core Refusal Reason
The application for an extension of duration was refused because development works had not commenced on-site prior to the expiration of the original planning permission, failing to meet the statutory requirements of Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The Planning Authority confirmed through site inspection and the applicant's own submission that development works had not commenced on the site.
- The proposal fails to satisfy the mandatory requirements of Section 42(1)(a)(i)(I) and Section 42B(1B)(v) of the Planning and Development Act 2000 (as amended), which require commencement and substantial works.
- Legislative provisions for extending the duration of a permission do not permit an extension where no works have been carried out to date.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year extension of duration for planning permission (Ref: 16/7130) for a two-storey dwelling, garage, and associated site works at Ballinabarna, Rosemount, Co. Westmeath. Westmeath County Council refused the request because the development had not commenced within the appropriate period. Under Section 42 of the Planning and Development Act 2000, an extension can generally only be granted if substantial works have been completed; as no works had started, the applicat...SOURCE PDFOpen Original
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