Core Refusal Reason
The application for an Extension of Duration was refused because no development works had commenced on-site, and legislative amendments have removed the provision to extend permissions for un-commenced developments where substantial works have not been carried out.
Decision Maker's Conclusion
- No physical development or construction works have commenced on the site on foot of the original planning permission (Ref. 16/1346).
- Legislative changes introduced by Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 (as amended) have omitted the option to grant an extension of duration for developments where substantial works have not been carried out.
- The application is not considered to comply with Section 42 of the Planning and Development Act 2000, as amended, and the Planning Authority is therefore required to refuse the extension.
Cited Policies (CDP)
Decision Document Summary
This application sought an Extension of Duration for a previously granted permission (Ref. 16/1346) to construct a dwelling house, domestic garage, and wastewater treatment system at Killuney, Dunmore, Co. Galway. The site is located in a rural townland approximately 2km east of Dunmore. The proposal was refused because the applicant had not commenced any works on-site. Following amendments to Section 42 of the Planning and Development Act 2000 by the 2016 and 2018 Acts, the legal pathway to ext...SOURCE PDFOpen Original
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