Extension of duration of permission

horsebox7

If i apply for an extension of duration of permission for a permission i have and this is refused by the councils planning authority who else other than an bord pleanala could i appeal the refusal too?

Gumbo

horsebox7 wrote: »

If i apply for an extension of duration of permission for a permission i have and this is refused by the councils planning authority who else other than an bord pleanala could i appeal the refusal too?

Why would the planning authority refused the extension of duration?
Did you apply outside of the required timeframe?

sydthebeat

horsebox7 wrote: »

If i apply for an extension of duration of permission for a permission i have and this is refused by the councils planning authority who else other than an bord pleanala could i appeal the refusal too?

no one

yurtyaherne

horsebox7 wrote: »

If i apply for an extension of duration of permission for a permission i have and this is refused by the councils planning authority who else other than an bord pleanala could i appeal the refusal too?

Did you apply for the extension of duration after the original permission expired or had you previously applied for and been granted an extension of duration?

moleyv

You can't appeal an extension of duration application decision to ABP. Only judicial review.

horsebox7

Thanks moleyv. That's really interesting. Could you tell me where I may be able to find the information you refer to in writing?

moleyv

I can't remember if it states it explicitly, but it can't be appealed, nor is it subject to public consultation or third party appeal.

It is not a traditional planning application (under section 34), it is a Section 42 application, and there are various subsections depending on the applicable criteria. If I remember correctly it more states that an appeal can be made against a Section 34 application.

You'll find the legislation by googling 'Planning and Development Act 2000 consolidated'. Section 42 is the relevant bit, ensure you have the consolidated version, there were amendments in 2010. There were also amendment in 2016 but may not be relevant to you (for multiple houses (I think 5, but could be 20))

There is generally two situations where it can be extended and different criteria will apply dependent on which scenario

Essentially, if there are no substantial works completed, the development has to be assessed against current government guidelines. If there is substantial works completed, you need to justify why works haven't been undertaken (poor economic climate etc...)

You cannot make an application until 1 year before expiry, and cannot (generally) make an application after the permission has expired (allowing for holidays per year of permission).

horsebox7

Great thanks