Core Refusal Reason
The application for an extension of duration does not comply with Section 42(1)(a) of the Planning and Development Act 2000-2021 as the development has not yet commenced and is not substantially complete.
Decision Maker's Conclusion
- The application was assessed under the newly enacted amendments to the Planning and Development Act 2000-2021 and Planning and Development Regulations 2001-2021 which came into effect on 09/09/2021.
- Under Section 42(1)(a) of the Act, an extension of duration requires that substantial works must have been carried out during the appropriate period, whereas this development has not yet commenced.
- The Planning Authority is therefore precluded from granting an extension as the proposal is inconsistent with the statutory requirements for extending the appropriate period of a permission.
Cited Policies (CDP)
WS POL 29WS POL 32
Decision Document Summary
The applicant sought a one-year extension of duration for planning permission (Ref. KA/180072) relating to a private dwelling and garage at Grange Glebe, Carlanstown, Kells, Co. Meath. Although the site was deemed acceptable regarding flood risk and environmental assessments, the application was refused following legislative changes to the Planning and Development Act in September 2021. Because the development had not yet commenced or reached substantial completion, it failed to meet the mandato...SOURCE PDFOpen Original
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