23684

alteration works to an existing bungalow on the grounds of Painestown House (Protected Structure Ref. No. B14-30). The works include the construction of a single and two storey extension circa 73sqm, a detached single storey shed and carport, landscaping around the house, new treatment plant, percolation area and all associated ancillary works. Painestown House is also a recorded monument, NIAH No. KD010-034. No works proposed directly affect Painestown House

Refused

Core Refusal Reason

The application for an extension of duration was refused because the works carried out—the total demolition of the bungalow—did not comply with the original permission for alterations and extensions, thereby failing the statutory requirement under Section 42(1)(iii) of the Planning and Development Act 2000 to have 'substantial works carried out pursuant to the permission'.

Decision Maker's Conclusion

  • The applicant failed to satisfy the statutory requirements of Section 42(1)(iii) of the Planning and Development Act 2000 (as amended), which necessitates that substantial works must be carried out in accordance with the original grant of permission.
  • A site inspection confirmed that the bungalow intended for renovation and extension under Planning Ref. 18/502 had been entirely demolished, which was not the development consented under the original grant.
  • Because the works undertaken (demolition) were not pursuant to the permission granted, the Planning Authority determined that an extension of duration would contravene legislation and is therefore not appropriate.

Cited Policies (CDP)

Decision Document Summary

John and Mary Stack applied for an extension of duration for planning permission (Ref. 18/502) to alter and extend an existing bungalow located within the curtilage of Painestown House, a protected structure in Donadea, Co. Kildare. Kildare County Council refused the extension because a site inspection revealed the original dwelling had been entirely demolished rather than renovated. As the works performed did not align with the original permission, the proposal failed to meet the legal threshol...
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