23433

for alterations & extension to existing dwellinghouse to include: 1) construction of porch & entrance hall with feature canopy at ground floor level, 2) addition of bedroom, en-suite & playroom/study room at first floor level, 3) construction of garage, 4) retention of garden shed. Gross floor space of proposed works,: 95sqm & gross floor space of work to be retained: 164sqm (previous planning 18/1250)

Refused

Core Refusal Reason

The application for an Extension of Duration was refused because the development had not commenced and no substantial works had been carried out, failing to meet the mandatory statutory requirements of Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

  • The development permitted under Planning Ref. 18/1250 has not commenced on-site, and no substantial works have been carried out, as confirmed by both the applicant's submission and a local authority site inspection.
  • Legislative amendments introduced via Section 28(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 deleted the provision (Section 42(1)(a)(ii)) that previously allowed extensions for uncommenced developments based on commercial or economic considerations.
  • As the subject development has not commenced, it fails to satisfy the criteria set out under Section 42(1)(a)(i) of the Planning and Development Act 2000 (as amended), leaving no legislative basis for the Planning Authority to grant an extension of duration.

Cited Policies (CDP)

Decision Document Summary

This application sought a five-year Extension of Duration for a development previously approved under Planning Ref. 18/1250, which included alterations, a first-floor extension, and a new garage at an existing dwelling in Seapoint, Barna. While the application was lodged before the parent permission expired, the applicants acknowledged that no works had yet commenced on-site. Following a site inspection that confirmed the lack of progress, the Planning Authority determined that the proposal coul...
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