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 revised mandatory legislative criteria under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).
Decision Maker's Conclusion
- Legislative amendments that came into effect in September 2021 deleted Section 42(1)(a)(ii), which previously allowed for extensions based on commercial, economic, or technical considerations beyond the applicant's control.
- A site inspection conducted on 4th March 2022 confirmed that development has not commenced and no substantial works have been carried out on the site.
- The application fails to meet the mandatory criteria set out in Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), meaning there is no legislative provision to facilitate the extension of the appropriate period.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously granted permission (Ref. 17/342, as amended by 18/921) for a dwelling house and associated works at Glenafosha, Co. Galway. The Planning Authority refused the request following a site inspection which confirmed that no construction work had commenced on the site. Due to legislative changes in the Planning and Development Act that removed the option for extensions based on non-commencement, the proposal failed to meet the necessary...SOURCE PDFOpen Original
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