SD16A/0171/EP

Construction of 8 3-storey, 4 bedroom semi-detached houses and 4 3-storey, 3 bedroom semi-detached houses at the back of Protected Structure RPS No. 323 with associated car parking spaces. The development also includes the demolition of shed & workshop located to the rear of the Protected Structure RPS. No. 323 and the provision of 18 new car parking spaces, the construction of a new access road from Main Street and all ancillary site development works and services connections.

Refused

Core Refusal Reason

The Planning Authority is legally precluded from granting an extension because development works had not commenced on the site.

Decision Maker's Conclusion

  • The application does not satisfy the mandatory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).
  • No physical construction or development works have been initiated on the subject site.
  • The Planning Authority lacks the statutory power to extend the duration of a permission where works have not commenced.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for a previously approved development of eight 3-storey, 4-bedroom semi-detached houses on Main Street, Rathcoole, Co. Dublin. The Planning Authority refused the request on the grounds that no works had commenced on the site. Under Section 42 of the Planning and Development Act 2000, the commencement of substantial works is a legal prerequisite for an extension, and as this condition was not met, the authority was statutorily barred from granting ...
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