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 exceeded the statutory limit for extensions.
Decision Maker's Conclusion
- The parent permission (Ref 05/576 / PL09.217279) has already been granted three previous extensions of duration under references 12/113, 17/1126, and 21/1347.
- Section 42(4) of the Planning and Development Act 2000 (as amended) explicitly states that a decision to extend the appropriate period of a permission shall be made not more than twice.
- As the combined duration of previous extensions has reached the legal limit, the Planning Authority has no statutory power to grant the requested further extension.
Cited Policies (CDP)
Chapter 3 HousingChapter 15 Development Standards
Decision Document Summary
LeMonde Holdings Ltd sought an extension of duration for a development at Loughbollard Commons, Clane, Co. Kildare, which originally comprised 200 dwellings and 8 industrial blocks. The subject site is located north-west of Clane Main Street and contains a partially completed residential estate. The application was refused because the parent permission had already been extended three times previously. Under Section 42(4) of the Planning and Development Act 2000, a planning authority is prohibite...SOURCE PDFOpen Original
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