Core Refusal Reason
The application failed to meet the statutory requirements for an Extension of Duration under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended) because no development had commenced on-site prior to the expiration of the parent permission.
Decision Maker's Conclusion
- A site inspection confirmed that no development or substantial works had commenced on-site prior to the expiration of the parent permission (Ref. 17/1283) on 26th November 2022.
- Legislative amendments introduced by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 removed the previous legal mechanism (Section 42(1)(a)(ii)) that allowed for extensions where development had not yet commenced.
- The application fails to satisfy the mandatory criteria of Section 42(1)(a)(i) of the Act, which requires that substantial works must have been carried out during the original permission period for an extension to be granted.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year Extension of Duration for a development previously approved under Ref. 17/1283, consisting of the demolition of an existing building and the construction of a replacement dwellinghouse at Oranbeg, Oranmore, Co. Galway. The Planning Authority refused the application because the parent permission expired in November 2022 without any works having commenced on-site. Due to changes in planning legislation that deleted the provision for extending permissions where n...SOURCE PDFOpen Original
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