Core Refusal Reason
The application for an Extension of Duration was refused because the development had not commenced and no substantial works were carried out prior to the expiration of the original permission, and the legislative provision allowing for extensions based on commercial or economic delays has been repealed.
Decision Maker's Conclusion
- The development permitted under Planning Ref. 17/1187 had not commenced and no substantial works were carried out on-site prior to the expiration of the permission on 5th November 2022.
- Legislative amendments introduced by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 deleted Section 42(1)(a)(ii) of the 2000 Act, thereby removing the legal mechanism to extend permissions for developments that have not yet commenced.
- The application fails to meet the mandatory criteria set out in Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires that development must have commenced and substantial works be completed before an extension can be considered.
Cited Policies (CDP)
Decision Document Summary
This application sought a five-year Extension of Duration for a previously approved dwelling and garage (Ref. 17/1187) located on an agricultural field in An Cheathrú Rua, Carraroe South, Co. Galway. While the site is located on lands zoned for residential use, a site inspection confirmed that no works had started before the original permission expired. The Planning Authority refused the request because current legislation no longer permits extensions for uncommenced projects based on financial ...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.