231012

Retention and completion of a detached dormer bungalow granted under planning permission 06/919, treatment system and all ancillary site works on Site 5, and full planning permission for two No. detached dormer bungalows on sites 1 and 4 as granted under planning file 06/919, individual treatment systems and all ancillary site works at Sites 1 & 4 as per PL. Ref. 18/1005

Refused

Core Refusal Reason

The application failed to meet the statutory requirements of Section 42(1)(a)(III) of the Planning and Development Act 2000 (as amended), as 'substantial works' had not been carried out on the permitted development during the appropriate period of the permission.

Decision Maker's Conclusion

  • A site inspection conducted on 24/01/24 revealed that while the dwelling on Site 5 is complete, no visible construction works have commenced on Site 1 or Site 4.
  • The Planning Authority determined that the works carried out pursuant to the permission (PL Ref. 18/1005) during the appropriate period were not substantial in nature.
  • Under Section 42(1)(a)(III) of the Planning and Development Act 2000, the Planning Authority is legally precluded from granting an extension of duration if substantial works have not been performed.

Cited Policies (CDP)

Decision Document Summary

The applicant, Eamonn O'Connor, sought an extension of duration for planning permission PL Ref. 18/1005, which involved the completion of one dormer bungalow (Site 5) and the construction of two additional bungalows (Sites 1 and 4) at Moores Wood, Mountrice, Co. Kildare. The site is located in a small residential cul-de-sac approximately 4km northeast of Monasterevin. The application was refused because the Planning Authority concluded that no significant progress had been made on Sites 1 and 4,...
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