Core Refusal Reason
The application fails to meet the statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000 (as amended) because works have not commenced.
Decision Maker's Conclusion
- Legislative changes to the Planning and Development Act 2000 have removed the statutory basis for extending a permission where works have not yet commenced.
- The particulars submitted by the applicant confirm that the works permitted under the original reference SD19A/0090 have not started and no substantial works have been completed.
- The Planning Authority is legally precluded from granting the extension as the criteria set out in Section 42(1)(a)(I) or (III) of the Act have not been satisfied.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for a previously permitted 11.4sq.m single-storey rear extension at 2, The Rise, Boden Park, Rathfarnham. The local authority refused the application on purely statutory grounds, noting that recent amendments to the Planning and Development Act 2000 prevent the extension of permissions where development has not commenced. As the applicant failed to demonstrate that substantial works had been carried out prior to the request, the proposal did not meet...SOURCE PDFOpen Original
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