Core Refusal Reason
The legislative provision allowing for an extension of duration for developments that have not commenced or reached substantial completion was deleted by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016, effective from September 9th, 2021.
Decision Maker's Conclusion
- The mechanism for securing an extension of duration for developments that have not yet commenced or had substantial works completed was omitted by Section 28(1) of the 2016 Act.
- Section 42(1)(a)(ii) of the Planning and Development Act 2000, which previously allowed for extensions based on commercial, economic, or technical considerations, has been deleted.
- The proposed extension does not comply with Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), and there is no longer a legislative provision to facilitate the request.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for a previously granted planning permission (Ref. 17/149) for a 276.6sqm dwelling house, garage, and sewerage treatment system in Clooncah. Galway County Council refused the application on the grounds that the legal provision for extending permissions for uncommenced works was repealed by the Planning and Development (Housing) and Residential Tenancies Act 2016. Consequently, as the development does not meet the 'substantial works' criteria, there i...SOURCE PDFOpen Original
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