Core Refusal Reason
The application fails to meet the statutory requirements for an Extension of Duration under Section 42 of the Planning and Development Act 2000 (as amended), as 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 permitted under Planning Ref. 17/187 had not commenced, and no substantial works were carried out on-site prior to the application for an extension of duration.
- Following legislative changes effective from 9th September 2021, the legal mechanism to grant an extension for developments that have not commenced or reached substantial completion has been removed from the Act.
- The application does not comply with the mandatory criteria set out in Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires works to have commenced before the expiration of the appropriate period.
Cited Policies (CDP)
Section 3.7 Single Housing in the CountrysideSection 3.8 Identifying Rural Area TypesSection 3.9 Rural Housing Policies and Objectives
Decision Document Summary
This application sought a five-year Extension of Duration for a previously granted permission (Ref. 17/187) for a dwelling house, garage, and sewage treatment system at Loughcurra North, Kinvarra, Co. Galway. A site inspection confirmed the applicant's statement that no works had commenced on-site due to a lack of funding. Galway County Council refused the extension because recent legislative amendments to the Planning and Development Act removed the provision for extending permissions where sub...SOURCE PDFOpen Original
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