Core Refusal Reason
The application was refused because legislative amendments removed the legal provision to grant an extension of duration for developments where substantial works have not yet commenced.
Decision Maker's Conclusion
- The application was lodged after the commencement of Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016, which came into effect on 9th September 2021.
- No development or substantial works have commenced on-site in relation to the original planning permission (Pl. ref. no. 16/333).
- The amended Section 42 of the Planning and Development Act 2000 no longer permits extensions of duration for un-commenced developments where the delay was due to commercial, economic, or technical considerations.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously granted permission (16/333) to construct a new slatted agricultural shed, surface water storage tank, and concrete yard at Doohulla, Connemara. Although the applicant cited Covid-19 pandemic delays, no physical works had commenced on the site. The Planning Authority refused the application because it was submitted after legislative changes in September 2021 removed the statutory power to extend permissions for projects that have n...SOURCE PDFOpen Original
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