Core Refusal Reason
The application for an extension of duration was refused because legislative amendments have removed the legal provision to extend planning permissions where no substantial works have been carried out.
Decision Maker's Conclusion
- The application was assessed under the amended Section 42 of the Planning and Development Act 2000, following the commencement of new legislative provisions on September 9th, 2021.
- Legislative changes introduced by the Planning and Development (Amendment) Act 2018 deleted the provision that allowed for extensions based on commercial, economic, or technical considerations (Section 42(1)(a)(ii)).
- As no development has commenced on-site and no substantial works have been completed, the Planning Authority is legally required to refuse the extension of duration under the current statutory framework.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously granted permission (Ref. 16/926) to construct a dwelling and wastewater treatment system at Magheramore, Connemara, approximately 3.5km from Oughterard. While the original development was approved in 2016, the applicant failed to commence works before the expiry date. The Planning Authority refused the extension because updated planning legislation has removed the mechanism to extend permissions for un-commenced developments, mean...SOURCE PDFOpen Original
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