Core Refusal Reason
The Planning Authority is legally precluded from granting an extension of duration under Section 42(8) of the Planning and Development Act 2000 because the development requires an Appropriate Assessment or Environmental Impact Assessment.
Decision Maker's Conclusion
- The application for an extension of duration relates to planning permission PL20/95 for a residential development at Penny Hill, Hacketstown.
- Section 42(8) of the Planning and Development Act 2000 (as amended) prohibits the extension of a permission's duration if an Environmental Impact Assessment (EIA) or an Appropriate Assessment (AA) is required.
- As the application includes a Natura Impact Statement, indicating the requirement for an Appropriate Assessment, the Planning Authority is statutorily barred from granting the extension.
Cited Policies (CDP)
Decision Document Summary
Brian Fleming sought an extension of duration for planning permission PL20/95, which authorized the demolition of existing sheds and the construction of four dwellings (one detached and three terraced) at Penny Hill, Hacketstown, Co. Carlow. The proposal included a Natura Impact Statement to address potential environmental impacts. Carlow County Council refused the extension on the grounds that Section 42(8) of the Planning and Development Act 2000 prevents the extension of any permission where ...SOURCE PDFOpen Original
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