Core Refusal Reason
The legislative provision allowing for an extension of duration for un-commenced development (Section 42(1)(a)(ii)) has been repealed, and the Planning Authority no longer has the statutory power to grant an extension where substantial works have not been carried out.
Decision Maker's Conclusion
- The application was submitted under Section 42(1)(a)(ii) of the Planning and Development Act 2000, a provision that was deleted by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016.
- A site inspection conducted on 10th August 2022 confirmed that no development has commenced on site in relation to the original planning permission (Ref. 17/675).
- Under current legislation, the Planning Authority must refuse an extension of duration for un-commenced developments as the option to grant such extensions based on commercial or economic considerations has been omitted.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously approved development (Ref. 17/675) involving a two-storey rear extension and a single-storey front bay window at Ballygaddy Road, Tuam, Co. Galway. The Planning Authority refused the application because legislative amendments that came into operation in September 2021 removed the statutory mechanism to extend permissions for developments that have not commenced. As a site inspection confirmed that no works had started, the proposa...SOURCE PDFOpen Original
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