Core Refusal Reason
The development had not commenced prior to the application for extension of duration, and current legislation under Section 42 of the Planning and Development Act 2000 (as amended) no longer permits extensions where works have not started.
Decision Maker's Conclusion
- A site inspection conducted on 30th March 2023 confirmed that no works had commenced on the site for the permitted two-storey extension.
- Under Section 42(1) of the Planning and Development Act 2000 (as amended), the Planning Authority must be satisfied that the development was commenced before the expiration of the appropriate period.
- Legislative amendments in 2021 removed the provision to extend permissions based on commercial, economic, or technical considerations in instances where development has not yet started.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for planning permission (Ref. 18/268) concerning a two-storey extension to an existing dwelling at Townley Hall Road, Tullyallen, Co. Louth. The applicant cited COVID-19 delays and financial hardship as grounds for the request. Louth County Council refused the extension because both the application form and a site inspection confirmed that development had not commenced. Following legislative changes to Section 42 of the Planning and Development Ac...SOURCE PDFOpen Original
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