Core Refusal Reason
The application for an extension of duration was refused because the development had not commenced and no substantial works had been carried out, failing to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The development permitted under planning reference 16/462 has not commenced, and the mandatory test regarding the completion of substantial works has not been met.
- Legislative amendments introduced by the Planning and Development (Amendment) Act 2018 have removed the legal provision for extending the duration of permissions where development has not started.
- Economic considerations beyond the control of the applicant are no longer valid grounds for granting an extension of duration under the updated legislative framework.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for a previously granted permission (Ref: 16/462) for single-storey extensions to a dwelling and a new effluent treatment system at Ballynamony (Murphy), Greenore, Co. Louth. Louth County Council refused the request on the grounds that no development had taken place on-site. Following legislative changes to Section 42 of the Planning and Development Act 2000, the planning authority is no longer permitted to grant extensions for un-commenced developme...SOURCE PDFOpen Original
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