Core Refusal Reason
The repeal of Section 42(1)(a)(ii) of the Planning and Development Act 2000 means there is no longer a legislative provision to grant an extension of duration for this permission, as no development has commenced on site.
Decision Maker's Conclusion
- No development has commenced on the site in relation to the previous grant of planning permission (Ref: 17/455).
- Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 deleted the provision that allowed for extensions of duration based on commercial, economic, or technical considerations.
- As this legislative change took effect on September 9th, 2021, there is no longer a legal mechanism to facilitate the extension of duration for this specific planning permission.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for planning permission 17/455, which involved the retention and extension of agricultural sheds and the construction of new farm facilities at Glenmeen, Kilreekill. The Planning Authority recommended refusal because the site remains undeveloped and the legislative provision previously used to extend permissions due to commercial or technical delays was repealed in September 2021. Consequently, the authority determined there is no longer a legal basi...SOURCE PDFOpen Original
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