Core Refusal Reason
The application failed to meet the statutory requirements for an extension of duration as works had not commenced and substantial works were not completed prior to legislative changes.
Decision Maker's Conclusion
- The application was submitted after legislative amendments removed the statutory basis for extending permissions where development works have not yet commenced.
- The development does not comply with the criteria set out in Section 42(1)(a)(I) or (III) of the Planning and Development Act 2000 (as amended) regarding the completion of substantial works.
- The Planning Authority is legally precluded from granting an extension of duration because the mandatory commencement and progress thresholds were not met.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously approved two-storey, two-bedroom dwelling and associated site works at 42 Ballyboden Crescent, Rathfarnham. The Planning Authority refused the extension because the development had not commenced and no substantial works had been carried out. Under the amended Planning and Development Act 2000, the authority no longer has the legal power to extend a permission where the project has not reached a significant stage of completion, the...SOURCE PDFOpen Original
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