SD16A/0303/EP

Removing of existing garden wall and palisade fence along western boundary and for constructing a new 215mm tk. x 2.1m high rendered block perimeter wall complete with piers and concrete capping along south and west boundary to incorporate part adjoining site (area 481.3sq.m.). Permission sought for construction of 2 new semi-detached 3 bedroom houses to side (floor area to be 126.85sq.m per house, with a proposed ridge height of 8.325m above ground level), including 900mm deep bay window to front elevations at ground and first floor levels, single storey flat roof extended ground floor across rear and first floor windows to east and west elevations. Permission also sought for the construction of 2 new 3m wide driveway entrances with 750mm high block wall and 450mm.sq. x 1.2m high brickwork piers across front/n.east boundary, to form vehicle access onto new 6.15m long extended roadway across front of site, complete with dished footpath and kerbing to tie into existing, together with all associated site works.

Refused

Core Refusal Reason

Failure to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended) regarding the commencement and substantial completion of works.

Decision Maker's Conclusion

  • The application does not satisfy the mandatory criteria set out in Section 42 of the Planning and Development Act 2000 (as amended) for an extension of duration.
  • There is no evidence that development works have commenced on the site in accordance with the original permission.
  • The Planning Authority is legally precluded from granting an extension because substantial works have not been carried out during the initial life of the permission.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for planning permission SD16A/0303, which proposed the removal of an existing garden wall and palisade fence at 26 Cois Na hAbhann, Tallaght. The request was refused by the Planning Authority as the applicant failed to demonstrate that development had commenced or that substantial works had been completed within the original permission period. Under Section 42 of the Planning and Development Act 2000, such evidence is a necessary prerequisite for ...
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