SD17A/0419/EP
7 terraced, 2 storey dwellings (4 end terrace and 3 mid terrace) with attic level and dormer window and 'Velux' to the front roof and 'Velux' to rear roof, each dwelling has new vehicular entrance to the Ballymount Road, 2 car parking space each in front garden, landscaping and boundary walls, new footpath and all associated works.
Refused
Core Refusal Reason
Failure to meet statutory requirements for an extension of duration as works had not commenced or reached substantial completion prior to legislative changes.
Decision Maker's Conclusion
- The application fails to satisfy the criteria set out in Section 42 of the Planning and Development Act 2000 (as amended) regarding the commencement of works.
- Recent legislative amendments have removed the statutory basis for extending permissions where no development has taken place.
- The Planning Authority is legally precluded from granting an extension because substantial works have not been completed on the site.
Cited Policies (CDP)
Decision Document Summary
The proposal sought an extension of duration for the construction of 7 terraced, two-storey dwellings with attic levels at Forest Lodge, Ballymount Road, Kingswood, Dublin 24. The application was refused by the Planning Authority because the development had not commenced and no substantial works were completed. Under the amended Planning and Development Act 2000, the lack of physical progress on-site meant the application failed to meet the mandatory legal requirements for an extension, leaving ...SOURCE PDFOpen Original
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