Core Refusal Reason
The application failed to meet the statutory requirements for an extension of duration because works had not commenced prior to legislative changes that removed the legal basis for such extensions.
Decision Maker's Conclusion
- The application was submitted after legislative changes removed the statutory basis for extending permissions where works have not yet commenced.
- The applicant failed to demonstrate that substantial works had been completed as required under Section 42(1)(a)(I) or (III) of the Planning and Development Act 2000 (as amended).
- The Planning Authority is legally precluded from granting an extension of duration under the current statutory framework given the lack of commencement.
Cited Policies (CDP)
Decision Document Summary
This application sought an extension of duration for a previously permitted development involving a garage conversion, side/rear extension, and front porch at 9 Whitechurch Green, Rathfarnham. The local authority refused the request because the works had not commenced, and recent amendments to the Planning and Development Act 2000 removed the legal mechanism for extending permissions in cases where substantial works are not already underway. Consequently, the proposal failed to meet the mandator...SOURCE PDFOpen Original
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