Core Refusal Reason
The application for an Extension of Duration was refused because the development had not commenced and no substantial works were carried out prior to the application, failing to meet the mandatory requirements of Section 42 of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- The applicant acknowledged that development under the parent permission (Ref. 17/246) has not commenced and no substantial works have been completed on-site.
- Legislative amendments effective from September 2021 removed the provision (Section 42(1)(a)(ii)) that previously allowed for extensions based on circumstances beyond the applicant's control, such as economic or pandemic-related delays.
- The proposal fails to satisfy the criteria of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), which requires that development must have commenced and substantial works must have been carried out before an extension of duration can be granted.
Cited Policies (CDP)
Section 3.8.2Section 3.9Section 6.17Section 9.10.1Section 9.11Section 13.3Section 13.4
Decision Document Summary
This application sought an Extension of Duration for a dwelling house, treatment system, and polishing filter at Derrigimlagh, Co. Galway, originally granted under Planning Ref. 17/246. The applicant cited the Covid-19 pandemic and economic reasons for the lack of progress; however, the Planning Authority determined that because no physical works had commenced on-site, the application could not be approved under current planning law. Following the deletion of the 'reasons beyond control' clause ...SOURCE PDFOpen Original
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