Core Refusal Reason
Failure to provide a complete Statutory Declaration regarding land ownership interests and failure to respond to a Further Information request within the statutory 8-week period.
Decision Maker's Conclusion
- The applicant failed to submit a Statutory Declaration detailing their interest in lands within the immediate vicinity (400 metres) of the site as required by Section 97(5)(c)(i) of the Planning and Development Act 2000.
- Specific clarification was required regarding the applicant's interest in lands to the west of the site, identified by the blue line on the location map and previous planning history (Reg Ref: D19A/0181).
- The Planning Authority is legally obliged to refuse the certificate because the requested further information was not received within the mandatory 8-week timeframe following the request on December 4th, 2024.
Cited Policies (CDP)
Decision Document Summary
The proposal sought a certificate for 4 units at The Pottery, Bakers Point, Pottery Road, Dun Laoghaire. The application was refused by the Planning Authority because the applicant failed to comply with the statutory requirements for a Section 97 certificate regarding the disclosure of land interests in the immediate vicinity. Specifically, the applicant did not clarify their interest in adjacent lands to the west despite a formal request for further information. As this information was not prov...SOURCE PDFOpen Original
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