Previously, the Planning Authority was able under S.42(1)(a)(ii) of the Planning and Development Act to grant extensions of duration of permission for developments which had not commenced, where it was satisfied that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works pursuant to the planning permission.
S.42(1)(a)(ii) was deleted from the 2000 Act by way of the commencement of S.28(1) of the 2016 Act. This commencement took effect on the 9th of September 2021. Therefore, extensions of permission under S.42(1) of the 2000 Act can only be granted under S42(1)(a)(i), which lists as a requirement that works shall have commenced.
Section 42(1B) provides for extensions of permission to December 2023 and various criteria for making such extensions. One of these criteria is that works have been commenced and substantial works carried out.
There is therefore no facility in the 2000 Act for extensions of duration of permission where works have not commenced.
Please refer to Section 42 of the Planning and Development Act, as amended, for the full extent of these provisions.