211186
Extension Of Duration for 16652 ***Permission for development to consist of: 2 no. new canopies over existing fuel dispensing areas within an existing fuel depot as follows: Canopy No. 1 (HGV Fuel Area): 27.0m long x 18.0m wide and 6.2m high. Canopy No. 2 (Car Fuel Area): 18.0m long x 10.0m wide x 6.2m high. Signage to canopies and all associated site development works.
Refused
Core Refusal Reason
The extension of duration was refused because the development had not commenced, and legislative changes have removed the provision to extend permissions for un-commenced developments where substantial works have not been carried out.
Decision Maker's Conclusion
- The development granted under planning reference 16/652 has not commenced on-site at Carrickarnon, Ravensdale.
- Legislative amendments to the Planning and Development Act 2000, effective from 9th September 2021, deleted the provision (Section 42(1)(a)(ii)) that allowed for extensions of duration for un-commenced developments.
- As no substantial works have been carried out, the planning authority is legally precluded from considering economic justifications for the delay, rendering the application contrary to Section 42 of the Act.
Cited Policies (CDP)
Decision Document Summary
Morgan Fuels Ireland Limited applied for an extension of duration for a permission (Ref. 16/652) involving the construction of two large canopies over existing fuel dispensing areas at a depot in Carrickarnon, Ravensdale, Co. Louth. Louth County Council refused the application on the grounds that the development had not yet commenced. Due to recent changes in planning law, specifically the Planning and Development (Amendment) Act 2018, the legal mechanism to extend permissions for projects that ...SOURCE PDFOpen Original
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