Core Refusal Reason
The legislative provision allowing for an extension of duration for un-commenced developments based on commercial, economic, or technical considerations (Section 42(1)(a)(ii)) has been repealed.
Decision Maker's Conclusion
- Legislative amendments introduced via Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 have removed the legal mechanism to extend planning permissions where substantial works have not been carried out.
- A site inspection conducted on 15th July 2022 confirmed that no development has commenced on the site, meaning the application does not meet the current statutory requirements for an extension of duration.
- The applicant failed to provide a complete application by omitting answers to several mandatory questions (10, 11, 14, 15, 16, 17, 18, and 19) on the official application form.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously approved development (Ref. 17/473) comprising a dwelling house, domestic garage, and wastewater treatment system at Patch, Glenamaddy, Co. Galway. Galway County Council refused the application primarily because the legislative grounds under which the extension was sought—Section 42(1)(a)(ii) of the Planning and Development Act 2000—have been repealed for developments where substantial works have not commenced. As a site visit conf...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.