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 subject planning permission (Ref. 06/2925) has already been granted three separate extensions of duration under planning references 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 further extend the appropriate period where a second decision to extend has already been made.
- Because the statutory limit of two extensions has been exceeded, the Planning Authority has no legal power to grant the requested fourth extension of duration.
Cited Policies (CDP)
Decision Document Summary
Welconcorde Property Ltd submitted an application for an extension of duration (EoD) for planning permission Ref. 06/2925, which relates to 68 residential units at Williams Grove, Ardclough, Co. Kildare. The site is situated in a rural settlement adjacent to an existing residential development currently under construction. The application was refused because the parent permission had already been extended on three previous occasions. Under the Planning and Development Act 2000, local authorities...SOURCE PDFOpen Original
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