Core Refusal Reason
The application failed to meet the statutory requirements of Section 42(1) of the Planning and Development Act 2000 (as amended) as the development had not commenced and no substantial works were carried out prior to the expiration of the original permission.
Decision Maker's Conclusion
- The Planning Authority determined that the consented development under Pl Ref. 17/1626 had not commenced and no substantial works had been undertaken on-site prior to the expiration of the appropriate period.
- Legislative amendments effective from September 2021 deleted the provision (Section 42(1)(a)(ii)) that previously allowed extensions for uncommenced developments based on commercial, economic, or technical considerations.
- As the application fails to satisfy the mandatory criteria of Section 42(1)(a)(i), which requires that substantial works must have been carried out pursuant to the permission, the Planning Authority is legally unable to grant the extension.
Cited Policies (CDP)
Decision Document Summary
The applicant sought a three-year Extension of Duration for a previously approved change of use from a vacant commercial/retail unit to a licensed bar at the Oran Point mixed-use development in Oranmore, Co. Galway. While the building shell was already in situ as part of the original 2003/2006 permissions, the Planning Authority found that no specific enabling or fit-out works related to the 2018 permission (Pl Ref. 17/1626) had been performed. The application was refused because it did not comp...SOURCE PDFOpen Original
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