SD16A/0247/EP

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 for extension of duration was submitted prematurely, failing to meet the statutory requirement of being lodged within the final year of the permission's lifespan.

Decision Maker's Conclusion

  • The application was submitted on 25th February 2021, which is not within the final year of the extant permission granted on 24th April 2017.
  • Article 41(1) of the Planning and Development Regulations 2001 (as amended) mandates that extension applications be made no earlier than one year before expiration.
  • The submission fails to comply with the procedural requirements set out in the Planning and Development Regulations for extending the appropriate period of a permission.

Cited Policies (CDP)

Decision Document Summary

The proposal involved the demolition of existing buildings and the closure of vehicular access at the site of a former Maxol Service Station on Whitechurch Road, Rathfarnham. The applicant sought an extension of the duration of the original permission (SD16A/0247). However, the Planning Authority refused the request on procedural grounds, as the application was lodged in February 2021, more than one year before the original permission's expiry date, thereby contravening Article 41(1) of the Plan...
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