Core Refusal Reason
The application fails to meet the statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended) as substantial works were not carried out, and the legislative provision for extensions based on commercial or economic reasons has been repealed.
Decision Maker's Conclusion
- The development does not meet the criteria set out under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended) because substantial works were not carried out pursuant to the permission during the appropriate period.
- The legislative mechanism under the previous Section 42(1)(a)(ii), which 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.
- As the applicant only completed site clearance in 2020 and no other substantial works have been performed, there is no legislative provision to facilitate the extension of duration for the appropriate period sought.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration (EOD) for a previously approved development (Pl. Ref. 19/1658) involving the replacement of a septic tank and percolation area with a new treatment plant and polishing filter at Maam West. While the applicant stated that site clearance occurred in 2020, the Planning Authority concluded that no substantial works had been completed on foot of the grant of permission. Following legislative changes in September 2021 that repealed the ability to extend...SOURCE PDFOpen Original
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