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 in 2021, removes the legal basis for granting an extension under Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The development permitted under planning references 16/801 and 21/1014 has not commenced, and therefore the statutory test regarding the performance of substantial works has not been satisfied.
- Legislative amendments to the Planning and Development Act 2000, which commenced on 9th September 2021, deleted the provision that previously allowed for the extension of duration for un-commenced developments.
- Under the current amended legislation, considerations of an economic nature beyond the control of the applicant are no longer a valid justification for granting an extension of duration where substantial works have not taken place.
Cited Policies (CDP)
Decision Document Summary
The applicant, Nikki Cumiskey, sought an extension of duration for a residential development at Sheetland Road, Termonfeckin, Co. Louth, which involved revised dwelling house plans and footprint positions originally granted under planning reference 16/801 and amended by 21/1014. Louth County Council refused the application on the grounds that no development had taken place on-site. Following the commencement of the Planning and Development (Amendment) Act 2018 in September 2021, the legal pathwa...SOURCE PDFOpen Original
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