212336

for the extension and renovation of the existing cottage, modification of the front wall and entrance of the site and permission to install a new effluent treatment system to replace the existing treatment system and all associated site works. (Gross floor space of work to be retained: 70 sqm.)

Refused

Core Refusal Reason

The application for an extension of duration was refused because no development had commenced on-site, and legislative changes have removed the provision to grant extensions for un-commenced developments where substantial works have not been carried out.

Decision Maker's Conclusion

  • No development has commenced on foot of the original planning permission (Ref. 16/1761) prior to the submission of this extension of duration application.
  • Legislative amendments introduced by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 removed the legal basis for extending permissions where substantial works have not been carried out.
  • The proposal fails to comply with the mandatory requirements of Section 42 of the Planning and Development Act 2000 (as amended) regarding the criteria for granting an extension of duration.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for the renovation and extension of an existing cottage, modification of a front wall, and installation of a new effluent treatment system at Patches, Claddaghduff, originally granted under Ref. 16/1761. The site is located in a rural area abutting a local road outside Claddaghduff. The Planning Authority refused the application on the grounds that no physical works had commenced on-site, and recent legislative changes have removed the statutory p...
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