Core Refusal Reason
The legislative provision allowing for an extension of duration based on commercial, economic, or technical considerations where development has not commenced has been repealed.
Decision Maker's Conclusion
- The development permitted under planning reference 17/1246 has not yet commenced on the site at Lisheenkyle East.
- Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 deleted the provision in Section 42 of the 2000 Act that allowed for extensions due to commercial, economic, or technical reasons.
- In the absence of substantial works and the repeal of the relevant legislative provision, there is no legal basis for the Planning Authority to grant the extension of duration.
Cited Policies (CDP)
Policy NHB 1Objective NHB 1Objective NHB 2Objective NHB 3Objective DS 6Objective AFF 5DM Standard 40
Decision Document Summary
The applicant sought an extension of duration for a permitted dwelling and garage at Lisheenkyle East, Athenry, Co. Galway (Ref. 17/1246). The site is a greenfield agricultural plot where no construction work has started. The application was refused because the Planning and Development (Housing) and Residential Tenancies Act 2016 removed the legal provision that allowed extensions for projects delayed by commercial or technical factors where work had not commenced, leaving the local authority wi...SOURCE PDFOpen Original
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