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 on-site, failing to meet the mandatory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- A site inspection conducted on 26th May 2022 confirmed that the permitted residential development (PI Ref. 16/1683) had not commenced and no substantial works had been completed on the parent permission.
- Legislative amendments effective from September 2021 deleted the provision (Section 42(1)(a)(ii)) that previously allowed for the extension of duration for developments that had not yet commenced due to commercial or economic considerations.
- The proposal fails to satisfy the statutory 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 must have been carried out prior to the expiration of the permission.
Cited Policies (CDP)
Objective CS 5Objective UHO 7Objective UHO 8Objective LCM 1Objective LCM 2Objective DS6Objective RD1Objective LU2Objective LU12Objective RD4DM Standard 2DM Standard 6DM Standard 8DM Guideline LU1
Decision Document Summary
This application sought a five-year Extension of Duration for a development previously granted under PI Ref. 16/1683, which proposed the demolition of a substandard dwelling and the construction of three new houses at Ballyhugh, Gort, Co. Galway. The 0.09ha site is situated within the urban townland of Ballyhugh and is zoned for residential use under the Gort Local Area Plan. Galway County Council refused the extension because the applicant failed to demonstrate that substantial works had been c...SOURCE PDFOpen Original
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