Core Refusal Reason
The extension of duration was refused because the development had not commenced and no substantial works had been carried out, which, following legislative amendments to Section 42 of the Planning and Development Act 2000, precludes the granting of an extension.
Decision Maker's Conclusion
- The development permitted under planning reference 17/658 (as amended by 20/55) has not commenced, and no substantial works have been carried out on the site.
- Legislative changes commenced on 9th September 2021 deleted the provision (Section 42(1)(a)(ii)) that previously allowed for extensions of duration for un-commenced developments.
- The application fails to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended), as considerations of an economic nature are no longer a valid basis for extension where substantial works are absent.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for planning permission (Ref: 17/658) regarding the construction of a garage to the rear of an existing dwelling at Mooretown, Dromiskin, Co. Louth. Louth County Council refused the application on the grounds that no development had taken place on-site. Under the Planning and Development (Amendment) Act 2018, the legal pathway to extend permissions for un-commenced projects or those without substantial works completed has been removed, making the ...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.