22822

for (i) retention of existing structures built under previously granted planning reference number 07/3397 and (ii) retention of revised site boundaries and (iii) permission to construct a dwellinghouse, garage, treatment and all associated site works (gross floor space proposed 272.90sqm)

Refused

Core Refusal Reason

The application for an Extension of Duration was refused because substantial works had not been carried out on foot of the previous permission (17/940), and the legislative provision allowing extensions for un-commenced developments has been repealed.

Decision Maker's Conclusion

  • Site inspections confirmed that no additional development had commenced on foot of the grant of planning permission ref. no. 17/940, with existing structures relating to a much older 2007 permission.
  • Legislative amendments introduced by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 have removed the legal provision to extend the duration of a permission where substantial works have not been carried out.
  • As the applicant failed to demonstrate that substantial works were carried out under the specific permission for which the extension was sought, the Planning Authority is legally required to refuse the application.

Cited Policies (CDP)

Decision Document Summary

The proposal sought an Extension of Duration for a development at Aughclogeen, Corrandulla, Co. Galway, involving the retention of structures and site boundaries, and the completion of a dwellinghouse, garage, and treatment system. Although the site contained a partially completed dwelling, the Planning Authority determined these works were carried out under a 2007 permission and that no new development had occurred under the more recent 2017 permission. The application was refused because curre...
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