Core Refusal Reason
The application for an extension of duration was refused because the development had not commenced and legislative changes have removed the provision for extending permissions where substantial works have not been carried out.
Decision Maker's Conclusion
- The development permitted under planning reference 17/89 has not commenced, and the planning authority determined that the test regarding substantial works being carried out has not been met.
- Legislative amendments to Section 42 of the Planning and Development Act 2000, which came into effect in September 2021, removed the possibility of granting an extension of duration for un-commenced developments.
- Considerations of an economic nature cited by the applicant cannot be taken into account under the updated statutory framework, making the proposal contrary to the provision of Section 42 of the Act.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously granted permission (Ref: 17/89) for the construction of four single-storey houses and associated site works at The Garden House, Mill Street, Dundalk, Co. Louth. Louth County Council refused the request because no development had commenced on-site. Due to legislative changes to the Planning and Development Act 2000 that commenced in September 2021, the legal mechanism to extend permissions for un-commenced projects was abolished, ...SOURCE PDFOpen Original
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