Core Refusal Reason
The application fails to meet the mandatory statutory requirements of 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 on-site.
Decision Maker's Conclusion
- Legislative amendments introduced by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 deleted the provision (Section 42(1)(a)(ii)) that previously allowed extensions based on commercial or economic considerations.
- Under the current applicable criteria of Section 42(1)(a)(i), an extension can only be granted if the development commenced and substantial works were carried out before the expiration of the permission.
- A site inspection on 10th July 2024 and the applicant's own documentation confirmed that no works have commenced on the site, meaning there is no legislative provision to facilitate the extension of duration sought.
Cited Policies (CDP)
Volume 2 of the County Development Plan 2022-2028
Decision Document Summary
This application sought an Extension of Duration for a previously permitted single-storey office building (Ref: 19/561) located at Main Street, Oranmore, adjacent to the public library. The Planning Authority recommended refusal because the development has not yet commenced. Following legislative changes that came into effect in September 2021, the mechanism for securing an extension for developments that have not reached the 'substantial works' threshold has been removed, rendering the applicat...SOURCE PDFOpen Original
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