SD16B/0131/EP

(a) Removal of existing single storey 2.25sq.m eastern bay window, and the northern 3.75sq.m bay window, (b) removal of existing hallway and hall door from the northern façade, (c) construction of a new single storey 26.505sq.m glazed extension along the east and the north facades, (d) construction of a new hallway and hall door in the eastern section of the proposed new extension, (e) increasing the width of the existing vehicular entrance to 5.00m, installation of a new solid timber sheeted sliding entrance gate, (f) increasing the width of the footpath dishing.

Refused

Core Refusal Reason

Legislative changes effective September 2021 removed the statutory basis for extending planning permission where substantial works have not been completed.

Decision Maker's Conclusion

  • Changes to the Planning and Development Act effective from 9th September 2021 removed the legal mechanism for extending permissions where substantial works have not occurred.
  • The application fails to satisfy the mandatory criteria set out in Section 41(1)(a)(i)(III) or Section 42(1B)(b)(v) regarding the commencement of works.
  • The Planning Authority is legally unable to grant an extension of duration because the necessary threshold of substantial physical development has not been met.

Cited Policies (CDP)

Decision Document Summary

The applicant sought an extension of duration for a previously approved permission involving the removal of a 2.25sq.m eastern bay window at 126 Rockfield Avenue, Perrystown. The local authority refused the extension due to a shift in planning law that occurred just prior to the decision date. Under the updated Planning and Development Act provisions effective from September 2021, extensions can no longer be granted for projects where substantial works have not yet taken place, rendering the app...
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