Core Refusal Reason
The application for an Extension of Duration was refused because the development had not commenced and no substantial works had been carried out on-site, 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 21st September 2023 confirmed that development permitted under Planning Ref. 18/979 has not commenced and no substantial works have been carried out on the subject site.
- Legislative amendments introduced by Section 28(1) of the 2016 Act deleted Section 42(1)(a)(ii) of the Planning and Development Act 2000, removing the provision to extend permissions for uncommenced developments based on commercial, economic, or technical considerations.
- The proposal fails to satisfy the requirements of Section 42(1)(a)(i) of the Act, which requires that development must have commenced and substantial works must have been completed within the appropriate period for an extension to be granted.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously approved dwelling, garage, and treatment plant at Carrowkeel, Loughrea, Co. Galway (Ref. 18/979). While the applicant cited the need for additional time to accumulate funding, a site inspection confirmed that no physical development had commenced. Following legislative changes in September 2021 that removed the 'commercial/economic' grounds for extensions, the Planning Authority is now strictly bound by Section 42(1)(a)(i), which ...SOURCE PDFOpen Original
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