Core Refusal Reason
The application fails 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 has not commenced and no substantial works have been carried out.
Decision Maker's Conclusion
- The legislative provision under Section 42(1)(a)(ii), which previously allowed for extensions where development had not commenced due to commercial or technical reasons, was deleted by Section 28(1) of the 2016 Act and is no longer available.
- The application must be assessed under Section 42(1)(a)(i), which mandates that the development must have commenced and substantial works must have been carried out before the expiration of the appropriate period.
- Site inspection and the applicant's own documentation confirm that no development has commenced and no substantial works have been completed on foot of the parent permission (Ref. 20/33), rendering the application ineligible for an extension.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously approved two-storey dwelling house, proprietary treatment system, and new entrance at Ballynamanagh East, Clarinbridge, Co. Galway (Ref. 20/33). The Planning Authority refused the application because the development has not yet commenced and no substantial works have been carried out on-site. Due to legislative amendments in September 2021, the mechanism for extending permissions for uncommenced developments based on commercial or...SOURCE PDFOpen Original
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