Core Refusal Reason
The application for an Extension of Duration was refused because no substantial works had been carried out on-site, and legislative amendments (Section 28(1) of the 2016 Act) removed the provision for extensions in such cases for applications lodged after September 9th, 2021.
Decision Maker's Conclusion
- The application was lodged on November 24th, 2021, which post-dates the commencement of legislative amendments that deleted the provision for extensions where substantial works have not been carried out.
- A site inspection confirmed that no development has commenced on the site under the original planning permission (Ref. 16/1565).
- The Planning Authority is legally obliged to refuse the extension as the development does not comply with the revised criteria of Section 42 of the Planning and Development Act 2000 (as amended).
Cited Policies (CDP)
Decision Document Summary
The applicant sought an Extension of Duration for a previously granted permission (Ref. 16/1565) to construct a serviced dwelling house and garage at Kilgevrin, Milltown, Co. Galway. The site is located in a rural townland approximately 2km south-west of Milltown village. The application was refused because it was submitted after legislative changes in September 2021 removed the legal mechanism for extending permissions where no substantial construction work had taken place. As the site remains ...SOURCE PDFOpen Original
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