231050
of (18/319) which consists of Ground Floor Level - Change of use of existing Ground Floor space from Creche to residential, construction of an extension to the rear of the property to provide an additional 56.00sq.m of habitable space, then dividing the entire ground floor to form 3no. new 2 bedroom apartments. Subdivision of the rear garden to provide private open space for each ground floor apartment. The provision of 5no. new off-street car park spaces (no off-street parking exist currently) to supplement the existing on-street car parking (5no) previously provided for Creche and First Floor Apartments and an enclosed bin store all to the front of the building including dishing of existing verge / footpath to allow for vehicular access to new off street car park spaces. First floor - provision of balconies at first floor level to rear of property to serve as private open space for existing first floor apartments including the provision of a new door leading out onto the new balcony from each first floor apartment.
Core Refusal Reason
The application failed to meet the statutory requirements of Section 42 of the Planning and Development Act 2000 (as amended), as substantial works had not been carried out during the appropriate period of the original permission.
Decision Maker's Conclusion
- The application for an extension of duration was submitted within the valid timeframe required by the Planning and Development Regulations 2001.
- A site inspection confirmed that no significant construction works have commenced on the property, with activity limited to the internal 'stripping out' of the existing building.
- The Planning Authority is legally precluded from granting an extension of duration because the development does not comply with Section 42(1)(a)(III) of the Act, which requires substantial works to have been completed.