SD21B/0201/EP

Construction of a two storey extension at the side and a single storey extension to the rear of existing semi-detached house; canopy at the front of the house above the main entrance and continuing over a new single storey bay window; 3 no. west facing roof lights to the rear of the house; 3 no. new west-facing roof-lights to the single storey extension to the rear of the house; 3 no. windows to the new end wall and gable; connection into existing public mains; internal reconfiguration; all with a total floor area of approx.. 49sq.m and associated site works.

Refused

Core Refusal Reason

Failure to meet statutory requirements for an extension of duration as works had not commenced or reached substantial completion prior to legislative changes.

Decision Maker's Conclusion

  • The applicant failed to demonstrate that development works had commenced or that substantial works were completed as required by Section 42 of the Planning and Development Act 2000.
  • Recent legislative amendments have removed the statutory basis for granting an extension of duration where works have not yet started.
  • The Planning Authority is legally precluded from granting the extension because the criteria set down in Section 42(1)(a)(I) and (III) of the Act have not been satisfied.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for the construction of a two-storey side extension and a single-storey extension at 68 Dargle Wood, Dublin 16. The Planning Authority refused the request following a site visit and review of particulars which confirmed that no substantial works had been undertaken. Under the amended Planning and Development Act 2000, permissions can no longer be extended if development has not commenced, leaving the authority with no legal basis to grant the exte...
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