Core Refusal Reason
The application failed to meet the statutory requirements for an Extension of Duration under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), as development had not commenced and no substantial works were carried out prior to the expiration of the parent permission.
Decision Maker's Conclusion
- The development did not commence, and no substantial works were carried out on-site prior to the expiration of the parent permission (Ref. 20/922), as confirmed by both the applicant's submission and a site inspection conducted on 6th November 2025.
- The legislative provision under Section 42(1)(a)(ii), which previously allowed for extensions based on commercial, economic, or technical delays beyond the applicant's control, was deleted by Section 28(1) of the 2016 Act and can no longer be availed of for applications lodged after 9th September 2021.
- The proposal fails to satisfy the mandatory criteria set out in Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires that substantial works must have been carried out pursuant to the permission during the appropriate period.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously approved development (Ref. 20/922) involving the partial removal of a farm building and the construction of a grain store and malt house at Rinn, Oranmore, Co. Galway. While the application was lodged shortly before the parent permission's expiry, the Planning Authority confirmed that no works had commenced on-site. Due to legislative amendments that removed the 'commercial/economic delay' clause for uncommenced projects, the appl...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.