25173

on pl. ref. no. 201856 to construct a museum building with display area, photographic exhibition room, restoration workshop, archive storage and gift shop with coffee dock. The proposed development will also include a wastewater treatment system and new road entrance. This application contains an NIS. Gross floor space of proposed works: 312 sqm

Refused

Core Refusal Reason

The development has not commenced and no substantial works have been carried out, failing to meet the mandatory legislative criteria for an Extension of Duration under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

  • Site inspections and the applicant's own submission confirm that no construction works have been carried out and development has not commenced on foot of the parent permission (Pl. Ref. 20/1856).
  • The legislative mechanism previously allowing for the extension of duration for developments that had not commenced (Section 42(1)(a)(ii)) was omitted by Section 28(1) of the 2016 Act and is no longer available for applications made after September 2021.
  • The application fails to satisfy the requirements of Section 42(1)(a)(i) of the Act, which requires that development must have commenced and substantial works must have been carried out during the appropriate period.

Cited Policies (CDP)

Decision Document Summary

This application sought an Extension of Duration for a previously permitted museum building, restoration workshop, and associated site works at Middlequarter, Inishbofin, Co. Galway. The Planning Authority refused the request because the development had not yet commenced on-site. Under current Irish planning law, specifically following amendments that came into effect in September 2021, an extension of duration can only be granted if substantial works have already been completed; the previous pr...
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