Advice on 2nd Extension of Duration please?

joebre · 02-08-2015 12:26pm #1

Many will reply immediately that a 2nd Extension of Duration is not possible.
The P & D (Amendment) act 2010 made changes to the Extension conditions, especially one where you could look for an extension on the basis that financial circumstances had prevented any work at all taking place.
Looking at a situation where an Extension of Duration expired on 14th August 2010. All the roads and services were in place and 2 houses were underway.
The application was submitted in good time. The Council went to FI and Clarification before dealing with the file in mid September. They granted an Extension from the 14th August.
The amended Section 42 was enacted on 19th August.
The developer went broke and my client bought the site earlier this year. He submitted an application recently for a second Extension of Duration.
The file was validated but the Council have advised that they are seeking legal advise on the matter.
They believe that as the previous application was dealt with after the enactment of the revised Section 42, then the application is not due a second extension.
I believe that the previous application was submitted under the old Act and must be dealt with under the same Act.
The applicant cannot be responsible for delays in dealing with the file by the Council.
Circular Letter PPL 1/2000 refers to a situation, where persons currently on an extension, who may have an expectation that they may be able to avail of a second extension, may apply for such an extension.

Your opinions would be welcomed

Poor Uncle Tom · 07-08-2015 9:20am

My take on it is that it all hinges on the actual 2010 extension application, obviously this was applied for under the pre 2010 changes to the act and therefore has to be judged under that act, unless otherwise stated by the LA during that application process.

Do you have a copy of the completed 2010 extension application form? if so that should clearly state what act the application for an extension was applied for under.

Ronald2015 · 19-08-2015 4:19am

did the letter they issue in 2010 state any legislation or was there a managers order issued ?I think it is a grey area and at the discretion of council . In my opinion just because it was applied for under the old act doesn't mean it was granted under the old act . The older act may have been repealed thus it could have been granted under new act . Is it possible for somebody who wasn't the original applicant apply for an EOT? Surely the assumption would be the applicant should be the original applicant ??

Poor Uncle Tom · 19-08-2015 7:30am

Dates are very important here, as is the determination as to whether the previous application was made under the 'old' act.

http://www.irishstatutebook.ie/pdf/2010/en.act.2010.0030.pdf

Part 29 (8), page 54, refers

Advice on 2nd Extension of Duration please?

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