SD16A/0338/EP

Works to an incomplete part of a previously approved development (previously granted planning permission under South Dublin County Council register reference SD07A/0367, now elapsed). The subject application now comprises: warehousing Block B4 (11.55m high) divided into 8 units totalling 3,484sq.m including 720sq.m ancillary offices/staff facilities on 2 floors and 2,764sq.m warehousing area. The development will also include the completion of ancillary car parking adjacent to the subject block and throughout the overall site, services, utilities, landscaping (including new flood mitigation berm to the northeast and southeast of subject block), drainage works including additional surface water attenuation system plus all site development works.

Refused

Core Refusal Reason

Failure to meet statutory requirements regarding the commencement and completion of substantial works under Section 42 of the Planning and Development Act.

Decision Maker's Conclusion

  • The application does not satisfy the mandatory criteria set out in Section 42(1)(a)(i) or Section 42(1A)(b)(v) of the Planning and Development Act 2000 (as amended).
  • The Planning Authority determined that works had not sufficiently commenced or that substantial works had not taken place on the site.
  • Due to the failure to meet these legislative prerequisites, the Planning Authority is legally unable to grant an extension of duration for the permission.

Cited Policies (CDP)

Decision Document Summary

The proposal involved a request to extend the duration of planning permission for works to an incomplete section of a development at Block B4, Aerodrome Business Park, Rathcoole. The application was refused by South Dublin County Council because the applicant failed to prove that substantial works had been carried out prior to the expiry of the original permission. Under Irish planning law, an extension cannot be granted unless specific progress milestones are met, which were not achieved in thi...
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