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 appropriate period, failing to meet the mandatory criteria of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection on 6th February 2024 confirmed that development has not commenced on-site and no substantial works have been carried out pursuant to the parent permission (Pl. Ref. 19/101).
- Legislative amendments introduced by Section 28(1) of the 2016 Act have deleted Section 42(1)(a)(ii) of the Planning and Development Act 2000, removing the mechanism to extend permissions for non-commenced developments based on commercial or economic considerations.
- The application fails to meet the statutory requirements of Section 42(1)(a)(i) of the Act, which requires that the development must have commenced and substantial works must have been completed before the expiration of the appropriate period.
Cited Policies (CDP)
NBH 1NHB 2NHB 3WR 1DM Standard 50
Decision Document Summary
This application sought an extension of duration for a previously approved infill development consisting of a ground-floor commercial unit and a first-floor office unit at St. Brendan’s Street, Portumna, Co. Galway. The applicant cited delays caused by the COVID-19 pandemic and subsequent increases in construction costs as the reason for the delay. However, the Planning Authority refused the request because current legislation no longer allows for extensions of duration where development has not...SOURCE PDFOpen Original
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