Core Refusal Reason
The development had not commenced prior to the expiration of the appropriate period, and legislative amendments in 2021 removed the provision to extend permissions for non-commenced developments based on commercial or economic grounds.
Decision Maker's Conclusion
- A site inspection conducted on November 8th, 2023, confirmed that development works had not commenced on the site before the expiration of the original permission (Ref. 17/866) on October 30th, 2023.
- Amendments to Section 42 of the Planning and Development Act 2000, which came into effect in September 2021, deleted the sub-section that previously facilitated extensions of duration for non-commenced developments due to commercial or economic considerations.
- As the mandatory requirement under Section 42(1)(a)(i) for the development to have commenced before the expiration of the appropriate period was not satisfied, the Planning Authority is legally precluded from granting the extension.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration (EOD) for planning permission Ref. 17/866, which granted permission for 20 one-bedroom wheelchair-accessible apartments at a site between 4 Marydale and 10 Mary Street, Drogheda. The applicant cited commercial and economic challenges, including the Covid-19 pandemic and rising construction costs, as reasons for the delay in commencement. However, the Planning Authority refused the application because a site inspection confirmed that no works had s...SOURCE PDFOpen Original
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