Core Refusal Reason
The application for an extension of duration was refused because the development had not commenced and no substantial works were carried out prior to the expiration of the original permission, as required by Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection conducted on 26/11/24 confirmed that no works had commenced on the site and no substantial works had been carried out pursuant to the original permission.
- Legislative amendments introduced via the Planning and Development (Housing) and Residential Tenancies Act 2016 removed the legal provision for extending permissions where development has not commenced.
- As the original permission expired on 20/11/24 without the commencement of development, the Planning Authority is statutorily prevented from granting an extension of duration.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for a previously granted permission involving the extension and renovation of a dwelling house at 77 Dangan Heights, Newcastle, Galway. The proposal included a rear ground and first-floor extension, a new front porch, and a domestic shed. The local authority refused the application because the original permission expired on November 20, 2024, and a subsequent site inspection verified that no works had commenced. Under current planning legislation, an...SOURCE PDFOpen Original
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