Core Refusal Reason
The application failed to meet the statutory requirements for an Extension of Duration under Section 42 of the Planning and Development Act 2000 (as amended), as the development had not commenced and no substantial works had been carried out on-site.
Decision Maker's Conclusion
- A site inspection confirmed that the residential development permitted under PI Ref. 18/642 has not commenced and no substantial works have been completed on the site.
- The legislative mechanism previously allowing for extensions of duration for uncommenced developments based on commercial, economic, or technical considerations (Section 42(1)(a)(ii)) has been omitted by recent legislative amendments.
- The proposal fails to comply with the mandatory criteria of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires that substantial works must have been carried out during the appropriate period.
Cited Policies (CDP)
NBH 1NHB 2NHB 3WR 1DM Standard 50
Decision Document Summary
The applicant sought a five-year Extension of Duration for a previously granted permission (Ref. 18/642) to construct a dwelling house, garage, and treatment system on a greenfield site at Frenchfort, Oranmore, Co. Galway. The Planning Authority refused the extension because the development had not yet commenced, and no substantial works had been performed. Under the amended Planning and Development Act, the legal pathway to extend permissions for developments that have not reached a stage of su...SOURCE PDFOpen Original
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