Core Refusal Reason
The extension was refused because the requirement for a Stage 2 Appropriate Assessment legally precludes an extension under Section 42(8) of the Act, and the applicant failed to demonstrate that substantial works had been completed.
Decision Maker's Conclusion
- The Planning Authority determined that a Stage 2 Appropriate Assessment is required due to potential hydrological impacts on European sites, which legally prohibits the extension of the permission under Section 42(8) of the Planning and Development Act 2000.
- The works carried out to date, limited to demolition and enabling works, do not satisfy the statutory requirement for 'substantial works' to have been completed during the appropriate period.
- The applicant failed to provide sufficient evidence of their intention to complete the permitted development within a reasonable timeframe, particularly in light of a separate pending application for an alternative development on the same site.
Cited Policies (CDP)
Decision Document Summary
Cairn Homes Properties Limited sought an extension of duration for a permitted development at the former Blakes and Esmonde Motors sites in Stillorgan, Co. Dublin. The Planning Authority refused the application primarily because the project requires a Stage 2 Appropriate Assessment to mitigate potential pollution risks to the South Dublin Bay SAC and SPA, a factor that mandates refusal of an extension under current legislation. Additionally, the authority found that the demolition and enabling w...SOURCE PDFOpen Original
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