Core Refusal Reason
The application for an extension of duration was refused because Section 36(3)(c) of the Planning & Development Act 2000 (as amended) stipulates that the power to extend the appropriate period under Section 42 does not apply to outline permissions.
Decision Maker's Conclusion
- Section 36(3)(c) of the Planning & Development Act 2000 (as amended) explicitly states that the provisions for extending a permission (Section 42) shall not apply to the grant of an outline permission.
- The outline permission for the nine serviced sites (Ref. 18/100) is due to expire on 12/09/2021, and the planning register indicates that no application for permission consequent has been made to date.
- While the applicant cited COVID-19 as the reason for the lack of commencement, the statutory restriction on extending outline permissions necessitates a refusal, and the applicant must instead lodge a permission consequent application before the current expiry date.
Cited Policies (CDP)
Decision Document Summary
The applicant, Enda Corbett, sought an extension of duration for an outline permission (Ref. 18/100) relating to the construction of nine serviced sites, an access road, and associated services at Ardykeohane, Bruff, Co. Limerick. Although the applicant cited delays due to the COVID-19 pandemic, the Planning Authority determined that the application must be refused on legal grounds. Under Section 36(3)(c) of the Planning & Development Act 2000 (as amended), the statutory power to extend the dura...SOURCE PDFOpen Original
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