Core Refusal Reason
The development had not commenced, failing to meet the statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000.
Decision Maker's Conclusion
- The particulars lodged with the application explicitly state that the development works have not yet commenced.
- The application fails to comply with the mandatory criteria set out in Section 42(1)(a)(i)(I) of the Planning and Development Act 2000, as amended.
- An extension of duration is legally impermissible when no substantial works have been carried out prior to the expiration of the original permission.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for planning permission D16B/0522, which involved the demolition of a chimney stack and internal load-bearing walls at 187 Ballinclea Heights, Killiney. The Planning Authority refused the extension because the applicant confirmed that development had not yet started. Under the Planning and Development Act 2000, an extension can only be granted if substantial works have been completed or if there are specific circumstances not applicable here; sinc...SOURCE PDFOpen Original
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