24362

to construct a fully serviced private dwelling house with wastewater treatment system and private garage/fuel shed to include all associated works. Gross floor space of proposed works: (House) 203.28 sqm & (Garage) 53.94 sqm

Refused

Core Refusal Reason

The application for an Extension of Duration (EOD) failed to meet the statutory requirements of 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 application.

Decision Maker's Conclusion

  • The development permitted under Planning Ref. 19/1638 has not commenced on-site, and no substantial works have been carried out as required by Section 42(1)(a)(i) of the Planning and Development Act 2000.
  • Legislative changes introduced in September 2021 deleted Section 42(1)(a)(ii), removing the mechanism to extend permissions where development has not commenced due to commercial or economic considerations.
  • A site inspection confirmed that only minor service installations (wastewater, water, and electricity) were in place, which does not constitute the commencement of the permitted dwelling or substantial works.

Cited Policies (CDP)

Policy Objective RC 2Policy Objective RH 9Policy Objective LCM 1Policy Objective LCM 3Policy Objective WW 6Policy Objective WW 11Policy Objective FL 2Policy Objective NBH 1Policy Objective NHB 3Policy Objective WR 1Policy Objective WS 4Section 4.6Section 7.5.3Section 15.2.4Section 15.3.1Section 15.6Section 15.7.2Section 15.13.2DM Standard 11DM Standard 28DM Standard 37DM Standard 38DM Standard 47DM Standard 61DM Standard 68DM Standard 46

Decision Document Summary

Denise Roche sought an Extension of Duration (EOD) for a previously granted permission (Ref. 19/1638) to construct a dwelling house and garage at Ryehill Demense, Abbeyknockmoy, Co. Galway. While the site is located within the North Galway Complex Landscape and governed by various policies of the Galway County Development Plan 2022-2028, the application was refused on purely legislative grounds. Following a site inspection, the Planning Authority determined that the development had not commenced...
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