SD18A/0152/EP

Construction of a new two storey dwelling in the side garden of existing dwelling including two car park spaces at the front of the new dwelling and the relocation of the front driveway to include two car park spaces for the existing dwelling, new boundary wall to separate both properties and all ancillary site works.

Refused

Core Refusal Reason

Failure to meet the statutory requirement for 'substantial works' under Section 42 of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

  • The applicant failed to demonstrate that substantial works were carried out during the initial life of the planning permission.
  • The application does not satisfy the mandatory criteria set out in Section 42(1)(a)(i)(III) of the Planning and Development Act 2000 (as amended).
  • The Planning Authority is legally precluded from granting an extension of duration when the statutory threshold for commencement and progress has not been met.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for the construction of a new two-storey dwelling at 66 Castleriada Drive, Lucan, Co. Dublin. The local authority refused the request on the grounds that the development did not meet the legislative requirements regarding the completion of substantial works before the expiry of the original permission. Under Section 42 of the Planning and Development Act, an extension can only be granted if significant progress is evidenced, and as this criteria w...
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