Core Refusal Reason
The application for an extension of duration failed to meet the statutory requirements of Section 42(1) of the Planning and Development Act 2000 because the development has already been completed.
Decision Maker's Conclusion
- The development associated with the original permission (23/148 / ABP-317282-23) has already been fully completed.
- Section 42(1) of the Planning and Development Act 2000 (as amended) only allows for extensions of duration where works remain to be finished.
- The Planning Authority is legally precluded from granting an extension of duration when the statutory criteria for such an extension are not satisfied.
Cited Policies (CDP)
Decision Document Summary
This application sought the retention of a mounted support pole, antenna, and dish at the Eir telephone exchange in Bantry, Co. Cork, by way of an extension of duration for a previous permission. The local authority refused the request because the works permitted under the original grant (Ref: 23/148 / ABP-317282-23) have already been completed. Under Section 42 of the Planning and Development Act 2000, an extension of duration can only be granted if works are still outstanding; consequently, th...SOURCE PDFOpen Original
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