Core Refusal Reason
The application fails to meet the statutory requirements for an extension of duration as works have not commenced and substantial works have not been completed.
Decision Maker's Conclusion
- The application does not comply with the criteria set out in Section 42(1)(a)(I) or (III) of the Planning and Development Act 2000 (as amended) regarding the commencement of works.
- Legislative changes have removed the statutory basis for extending a permission where no works have been undertaken on-site.
- The Planning Authority is legally precluded from granting the extension, although the original permission remains valid until April 2024, allowing time for works to begin.
Cited Policies (CDP)
Decision Document Summary
The proposal sought an extension of duration for planning permission SD18A/0290, which involves the modification of an existing boundary wall and pavement to create a new setback at Mileen, Willbrook Road, Rathfarnham. The Planning Authority refused the extension because the applicant had not yet commenced works or completed substantial construction, failing to meet the revised legal thresholds under the Planning and Development Act. While the extension was denied, the authority noted that the o...SOURCE PDFOpen Original
Note: If code appears below, the council site is blocking the preview. Please open the original file.