Core Refusal Reason
The application for an extension of duration failed to meet the statutory requirement under Section 42(1)(a)(III) of the Planning and Development Act 2000 (as amended), as substantial works had not been carried out on the permitted development during the appropriate period.
Decision Maker's Conclusion
- A site inspection confirmed that foundations for the permitted residential and creche structures had not commenced and the buildings were not substantially completed.
- The infrastructure works cited by the applicant, including roads and drainage, are associated with separate planning permissions (18/1026 and 18/1028) and are not exclusive to the subject application (18/1027).
- The Planning Authority is legally precluded from granting an extension of duration because the development does not satisfy the mandatory legislative criteria regarding the commencement and progression of substantial works.
Cited Policies (CDP)
Decision Document Summary
Eurkon (Kildare) Ltd sought a five-year extension of duration for a permitted development of 88 apartments and a creche at Oak Church Dunmurry Road, Kildare Town (Ref. 18/1027). While the applicant claimed that the majority of on-site and off-site development works were complete, a local authority inspection found that no structural work or foundations for the specific apartment blocks had begun. The planner determined that the existing site works were attributable to adjacent planning permissio...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.