Core Refusal Reason
The application failed to meet the mandatory statutory requirements for an Extension of Duration under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), as no substantial works had been carried out prior to the expiration of the original permission.
Decision Maker's Conclusion
- The legislative provision (Section 42(1)(a)(ii)) that previously allowed for extensions based on commercial, economic, or technical considerations was deleted by the Planning and Development (Housing) and Residential Tenancies Act 2016, effective September 2021.
- Under the current applicable legislation, an Extension of Duration can only be granted if the Planning Authority is satisfied that substantial works were carried out during the appropriate period of the original permission.
- Both the applicant's submission and a site inspection conducted on 30th March 2022 confirmed that development has not commenced and no substantial works have been performed on the site.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an Extension of Duration for a previously granted permission (Ref. 16/1596) to construct a new dwelling and garage at Canteeny, Co. Galway. Although the applicant cited economic reasons for the delay in commencement, the Planning Authority noted that the legal pathway for such extensions was repealed in 2021. Consequently, the application had to be assessed solely on whether 'substantial works' had been completed; as the site remains greenfield and undeveloped, the council d...SOURCE PDFOpen Original
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