Core Refusal Reason
The legislative provision allowing for an extension of duration based on commercial, economic, or technical considerations where no substantial works have commenced was repealed prior to the application decision, leaving no legal basis for approval.
Decision Maker's Conclusion
- The application was submitted under Section 42(1)(a)(ii) of the Planning and Development Act 2000, which allowed for extensions of duration due to commercial, economic, or technical reasons beyond the applicant's control.
- Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016, which came into effect on September 9th, 2021, deleted the specific legislative provision (Section 42(1)(a)(ii)) relied upon by the applicant.
- As no development has commenced on the site, there is no longer any legislative provision to facilitate the extension of the appropriate period for the original planning permission (Ref: 16/1223).
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously permitted slatted cow wintering unit (Ref: 16/1223) at an existing farmyard in Moyode, Athenry, Co. Galway. The site comprises 0.983 hectares accessed via the R348 regional road. The Planning Authority refused the application because the legal mechanism for extending permissions where no work has started was removed by legislative amendments in September 2021. Consequently, as no construction had begun on-site, the council determi...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.