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 the development had not commenced and no substantial works were carried out prior to the expiration of the original permission.
Decision Maker's Conclusion
- Legislative changes introduced in September 2021 deleted Section 42(1)(a)(ii), which previously allowed extensions for uncommenced developments based on commercial or economic considerations beyond the applicant's control.
- The applicant confirmed within the application that the subject development had not commenced and no substantial works had been completed on foot of the original grant of permission (Ref. 16/1098).
- Because the development did not meet the criteria of Section 42(1)(a)(i) regarding prior commencement and substantial works, the Planning Authority is legally precluded from granting an extension of duration.
Cited Policies (CDP)
Section 4.9Section 4.14Section 9.10.1Section 9.11Chapter 13
Decision Document Summary
Connemara Carpets Ltd sought an Extension of Duration for a 1,030sqm carpet manufacturing facility, including offices, showroom, and ancillary services, located to the rear of the Country Shop Store in Letterfrack Village. While the project was originally granted permission under Ref. 16/1098, the applicant acknowledged that no construction had taken place. Following the commencement of Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016, the legal pathway ...SOURCE PDFOpen Original
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