Core Refusal Reason
The application for an Extension of Duration was refused because the development had not commenced, and the legislative provision previously allowing for extensions in such cases (Section 42(1)(a)(ii)) has been repealed.
Decision Maker's Conclusion
- The legislative mechanism under Section 42(1)(a)(ii) of the Planning and Development Act 2000, which allowed for extensions of duration for developments that had not commenced due to commercial or economic reasons, was deleted effective 9th September 2021.
- Under the current statutory criteria of Section 42(1)(a)(i), an extension can only be granted if the development commenced before the expiration of the permission and substantial works were carried out.
- The applicant stated, and a site inspection on 22nd August 2022 confirmed, that no development works have commenced on the site, therefore the application fails to meet the mandatory legal requirements for an extension.
Cited Policies (CDP)
Decision Document Summary
The applicant sought a five-year Extension of Duration for a previously granted permission (Ref. 17/1050) to construct a dwelling house, garage, and wastewater treatment system on an agricultural site in the rural townland of Raha, Galway. While the applicant cited redundancy due to Covid-19 as the reason for the delay, the Planning Authority refused the application on legal grounds. Following legislative amendments in September 2021, planning authorities are no longer permitted to extend the du...SOURCE PDFOpen Original
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