Core Refusal Reason
The extension of duration was refused because no substantial works had been carried out on-site, and the legislative provision allowing extensions for financial reasons has been repealed.
Decision Maker's Conclusion
- A site inspection conducted on 23/01/2024 confirmed that no works have been carried out on the site pursuant to the original grant of planning permission (Register No 18/1139).
- The legislative provision under Section 42(1)(a)(ii) of the Planning and Development Act, which previously allowed extensions for financial or economic reasons, was deleted on 9th September 2021.
- Under current legislation, an extension of the appropriate period can only be considered where substantial works have been carried out, which is not the case for this development.
Cited Policies (CDP)
Decision Document Summary
The applicant sought a five-year extension of the appropriate period for a permitted dwelling house and sewage treatment system at Clashatlea, Ballymacelligott, Tralee, citing financial reasons for the delay. The Planning Authority refused the application following a site inspection which confirmed that no works had commenced. Because the application was lodged after the repeal of the financial hardship clause in the Planning and Development Act, and since no substantial works were performed, th...SOURCE PDFOpen Original
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