Core Refusal Reason
Failure to meet statutory requirements for an extension of duration under Section 42 of the Planning and Development Act 2000 (as amended) due to the non-commencement of permitted works.
Decision Maker's Conclusion
- The application lacks a statutory basis for an extension because works permitted under SD19A/0018 have not yet commenced.
- The applicant failed to demonstrate that substantial works were completed, as required by Section 42(1)(a)(I) or (III) of the Planning and Development Act 2000, as amended.
- Recent legislative changes have removed the provision for extending permissions where no physical development has taken place, legally precluding the Planning Authority from granting the request.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for the subdivision of an existing Elvery's retail unit into two separate units at Lot 1, Fonthill Industrial Park, Clondalkin. The Planning Authority refused the extension on the grounds that the permitted works had not commenced and no substantial progress had been made. Under the current Planning and Development Act 2000 (as amended), the statutory basis for extending a permission is removed if works have not started, meaning the authority is l...SOURCE PDFOpen Original
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