SD16A/0247/EP(1)

Demolition of existing buildings, closing vehicular access at southern end of site and retaining main vehicular entrance at northern end, construction of new 3 storey building over basement, with storage facilities in basement, two 1 bed apartments on ground floor, two 2 bed apartments on second floor and third floors, a communal roof garden, and all associated site and development works.

Refused

Core Refusal Reason

The application was submitted prematurely outside the statutory one-year window before expiry and the original permission was deemed ineligible for extension due to the absence of a required Appropriate Assessment.

Decision Maker's Conclusion

  • The application was submitted on 10th May 2021, which is more than one year prior to the permission's expiration date of 3rd August 2022 (accounting for Section 251 extensions), violating Article 41(1) of the Planning and Development Regulations 2001.
  • No development works have commenced on the site of the former Maxol Service Station.
  • The original permission is not suitable for an extension of duration under Section 42(1)(a)(ii) of the Planning and Development Act 2000 because a full Appropriate Assessment was likely required but not conducted, as the original screening report included mitigation measures.

Cited Policies (CDP)

Decision Document Summary

This application sought to extend the duration of a permission for the demolition of buildings and closure of vehicular access at the former Maxol Service Station on Whitechurch Road, Rathfarnham. The local authority refused the extension on two primary grounds: first, the application was lodged prematurely, falling outside the mandatory one-year window prior to the permission's expiration; and second, the original grant was found to be legally deficient for extension purposes as it lacked a ful...
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