2439

Permission for development which consists of; demolition and rebuilding of a shed

Refused

Core Refusal Reason

The application for an extension of duration was refused because no substantial works had been carried out on the development, and current legislation precludes extensions for un-commenced developments.

Decision Maker's Conclusion

  • Legislative amendments to Section 42 of the Planning and Development Act 2000, commenced in September 2021, removed the possibility of extending the duration of a permission where substantial works have not been carried out.
  • A site inspection conducted on 20/08/2024 confirmed that no substantial works had taken place on the site, consistent with the applicant's own statement.
  • As the development failed to meet the statutory requirement of substantial commencement before the expiration of the appropriate period, the Planning Authority is legally prevented from granting an extension.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for a planning permission (Ref. 19/235) concerning the demolition and rebuilding of a shed at 17 Dalysfort Road, Salthill, Galway. The Planning Authority refused the application following a site inspection which verified that no substantial works had been commenced. Under the Planning and Development (Housing) and Residential Tenancies Act 2016, which amended Section 42 of the 2000 Act, local authorities are no longer permitted to extend the life ...
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