Core Refusal Reason
No substantial works were carried out on-site prior to the application for an extension of duration, and the legislative provision allowing extensions for non-commencement has been repealed.
Decision Maker's Conclusion
- A site inspection confirmed that no physical works pursuant to the original planning permission (Ref. 18/17) have been carried out on the site.
- The legislative provision under Section 42(1)(a)(ii) of the Planning and Development Act, which previously allowed for extensions due to commercial or technical delays, was deleted on September 9th, 2021.
- As the application was received after the deletion of the relevant legislative sub-section and no substantial works have commenced, the Planning Authority is legally unable to consider an extension of the appropriate period.
Cited Policies (CDP)
Decision Document Summary
The applicant, Brian O'Sullivan, sought an extension of duration for a previously permitted dwelling house and effluent treatment system at Tinnies Upper, Valentia, Co. Kerry. Upon inspection, the Planning Authority found that the site remained in its original state with no substantial works commenced. Due to changes in the Planning and Development Act 2000 (as amended) which removed the ability to grant extensions for non-commencement, and because the application was lodged after these changes ...SOURCE PDFOpen Original
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