Core Refusal Reason
The application for an extension of duration was refused because the development had not commenced and substantial works had not been carried out, and recent legislative changes removed the legal provision to extend permissions for un-commenced developments.
Decision Maker's Conclusion
- The development granted under planning reference 16/185 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 on 9th September 2021, removed the possibility of extending the duration of permission for un-commenced developments.
- Under the updated legislation, considerations of an economic nature beyond the control of the applicant can no longer be used as a basis for granting an extension of duration where substantial works have not been completed.
Cited Policies (CDP)
Decision Document Summary
The applicant, William McCarthy, sought an extension of duration for planning permissions (originally refs 04/1180 and 02/1211, and subsequently 16/185) for the construction of three two-storey dwellings and garages at Mullagharlin Road, Dundalk, Co. Louth. Louth County Council refused the application on the grounds that no development had taken place on-site. Following legislative changes in September 2021, the Planning and Development Act 2000 was amended to delete the provision allowing exten...SOURCE PDFOpen Original
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