231039

of 20/119 which consists of (a) alterations to layout of houses on sites 18-42, granted under planning permission 06/2925, extended by planning file 13/317 and further extended by planning file 18/214, to comply with current Kildare County Development Plan 2017-2023 guidelines (b) amendment to condition 2 of planning permission 06/2925 relating to occupancy clauses schedule 6.1 & 6.2 under the County Development Plan 2005-2011, to comply with the current County Development Plan 2017-2023 Village Plans and Settlement Policies VRS3, also relating to occupancy clauses, and (c) all associated ancillary site-works

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) as the permission has already been extended three times.

Decision Maker's Conclusion

  • The development under parent permission 06/2925 has already been extended three times to date under planning files 13/317, 18/214, and 21/1326.
  • Section 42(4) of the Planning and Development Act 2000 (as amended) stipulates that a decision to extend the appropriate period of a permission shall be made not more than twice.
  • As the permission has already been extended three times, the Planning Authority is prohibited from granting a further extension as it would contravene Section 42(4) of the Act.

Cited Policies (CDP)

Chapter 3 HousingChapter 15 Development Management StandardsVRS3

Decision Document Summary

The applicant, Welconcorde Property Ltd, sought an extension of duration for planning permission 20/119, which related to layout alterations for houses on sites 18-42 within the William's Grove housing development in Ardclough, located east of St. Anne's national school. The application was refused because the underlying parent permission (06/2925) had already been granted three previous extensions of duration. This contravenes Section 42(4) of the Planning and Development Act 2000 (as amended),...
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