Core Refusal Reason
The application for an Extension of Duration was refused because the development had not commenced on-site, and legislative amendments have removed the provision for granting extensions to uncommenced developments based on commercial or economic considerations.
Decision Maker's Conclusion
- A site inspection conducted on 14th April 2022 confirmed that development has not commenced on the subject site and no substantial works have been carried out.
- Legislative changes introduced by the Planning and Development (Amendment) Act 2018 deleted Section 42(1)(a)(ii) of the 2000 Act, which previously allowed for extensions where development had not started due to commercial or economic reasons.
- The proposal fails to meet the mandatory criteria of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires that development must have commenced prior to the expiration of the original permission for an extension to be considered.
Cited Policies (CDP)
Policy NHB 1Objective DS 6Objective NHB 2Objective NHB 3Objective AFF 5DM Standard 40
Decision Document Summary
The applicant sought a 16-month Extension of Duration for a previously permitted dwelling, garage, and wastewater treatment system (Reg. Ref. 17/271) at Tóin na Brocaí, Co. Galway, a rural site approximately 2km north of Galway City. The applicant cited international travel restrictions due to Covid-19 as the reason for the delay in commencement. However, Galway County Council refused the application on the grounds that the development had not yet started. Following the commencement of the Plann...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.