SD15A/0127/FEP2
A residential/mixed use development on a site area of 12.45ha consisting of 400 dwellings comprised of 340 no. 2 storey detached, semi-detached and terraced houses, i.e. 3 no. 2 bed houses, 323 no. 3 bed houses & 14 no. 4 bed houses along with 60 no. 1 and 2 bed apartments in 4 no. 3 & 4/5 storey buildings. The development also provides for a creche (615sq.m), kiosk (56.6sq.m) and retail unit (237sq.m). The proposed development includes all associated site development and infrastructural works, car parking, open spaces and landscaping, ESB substation and 4 associated kiosks. Access to the development will by via two proposed new vehicular entrances from Citywest Avenue and Fortunestown Lane respectively and will also provide for two new vehicular crossing points over the Luas line. The development also includes for the demolition of an existing dwelling in the southwest corner of the site at the junction of Citywest Road and Fortunestown Lane. The site is bounded to the north by Citywest Avenue, to the west by the N82 Citywest Road, to the south by Fortunestown Lane, to the east by Ard Mor residential estate and is adjacent to the Luas Red Line.
Core Refusal Reason
Statutory limit on the number and cumulative duration of extensions of permission reached under Section 42(4) of the Planning and Development Act.
Decision Maker's Conclusion
- Section 42 (4) of the Planning and Development Act stipulates that a permission's duration may be extended no more than twice.
- The combined total of all extensions granted for a single permission is legally capped at five years.
- As the applicant had already secured a previous extension (SD15A/0127/FEP) exceeding the five-year cumulative limit, the authority is legally barred from granting further extensions.