231063

of 18/1109 which consists of (a) The retention and completion of houses currently under construction on sites 1-17 granted under planning permission 06/2925, extended by planning permission 13/317,and further extended by planning permission 18/214, (b) amendment to condition no. 2 of planning permission 06/2925 relating to occupancy clauses 6.1 and 6.2 under county development plan 2005-2011, to comply with the current county development plan 2017-2023 relating to occupancy clauses and (c ) ancillary siteworks

Refused

Core Refusal Reason

The Planning Authority is legally precluded from granting a further extension of duration under Section 42(4) of the Planning and Development Act 2000 (as amended) because the parent permission has already been extended three times.

Decision Maker's Conclusion

  • The parent planning permission (Ref. 06/2925) has already been granted three separate extensions of duration under previous applications (Refs. 13/317, 18/214, and 21/1326).
  • Section 42(4) of the Planning and Development Act 2000 (as amended) explicitly states that a planning authority shall not extend the appropriate period more than twice under this section.
  • As the statutory limit for extensions has been reached and exceeded, the Planning Authority is prohibited from granting any further extension of duration for the development.

Cited Policies (CDP)

Kildare County Development Plan 2023-2029Chapter 3 HousingChapter 15 Development Management StandardsSection V2 3.3 of Volume 2

Decision Document Summary

Welconcorde Property Limited sought an extension of duration for planning permission 18/1109, which related to the retention and completion of 17 houses at William's Grove, Ardclough, Co. Kildare. The development is part of a larger 68-dwelling residential scheme situated in a rural settlement. The application was refused on statutory grounds because the underlying parent permission (06/2925) had already been extended three times previously. Under Section 42(4) of the Planning and Development Ac...
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