Core Refusal Reason
The Planning Authority is legally precluded from granting a further extension of duration as the parent permission has already reached the maximum number of extensions permitted under Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The parent planning permission (ref 08/293) has already been granted two extensions of duration under Section 42 (refs 14/46 and 19/94) and a further extension under the Planning and Development (Amendment) Act 2021 (ref 21/665).
- Section 42(4) of the Planning and Development Act 2000 (as amended) explicitly states that a decision to extend the appropriate period of a permission shall be made not more than twice under that section.
- As the developer has already availed of the maximum allowable extensions, the proposal does not accord with statutory provisions, and the Planning Authority has no further power to extend the duration of the permission.
Cited Policies (CDP)
Decision Document Summary
Garryduff Properties Limited sought an extension of duration for planning permission ref 08/293, which originally authorized 150 residential units and a creche at Eastern Edge, Gowing Wall, Kilminchy, Portlaoise. The site is located approximately 2.8km northeast of Portlaoise town centre within an established residential area. The application was refused because the permission had already been extended the maximum number of times permitted by law; specifically, it had received two standard exten...SOURCE PDFOpen Original
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