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 the maximum number of times permitted by law.
Decision Maker's Conclusion
- The applicant sought a further extension of duration for a residential development of 77 dwellings which originated from planning reference 06/253.
- The subject permission has already been granted three previous extensions of duration under planning references 11/1095, 17/1296, and 21/1278.
- Section 42(4) of the Planning and Development Act 2000 (as amended) stipulates that a decision to extend a permission shall be made not more than twice; therefore, the Planning Authority is statutory barred from granting any further extension.
Cited Policies (CDP)
Volume 2 of the Kildare County Development Plan 2023-2029Chapter 3 HousingChapter 15 Development StandardsSection 17.2.4 of the Development Plan 2017-2023Chapter 17 Development Management Standards of the Kildare County Development Plan 2017-2023
Decision Document Summary
Landport Estates Ltd applied for an extension of duration for a development of 77 dwellings at Cluain Dara, Derrinturn, Co. Kildare, which is located within the Small Town Settlement Boundary. While substantial works have been carried out on-site, the application was refused on legal grounds. Under Section 42(4) of the Planning and Development Act 2000 (as amended), a planning authority is precluded from granting more than two extensions of duration for a single permission. As this development h...SOURCE PDFOpen Original
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