221198

Extension of Duration of Planning Ref. 16/1084 - 38 no. dwellings, comprising 33 no. one and a half storey four bed houses (approx. 182.7sq.m each), 1 no. two storey detached four bed house (approx. 142.2sq.m), 4 no. two storey semi-detached three bed houses (approx. 103.2sq.m each), and a crèche (approx. 247sq.m) and all ancillary site development works and connections to existing services all on a site with an area of approx. 3.127 hectares (7.73 acres). The proposed development forms part of a previously permitted development (planning reference no. 06/212 and extension of duration reference no. 11/991 refers)

Refused

Core Refusal Reason

The application for an extension of duration was refused because the Planning Authority was not satisfied that 'substantial works' had been carried out on the permitted development prior to the expiration of the original planning permission, as required under Section 42 of the Planning and Development Act 2000 (as amended).

Decision Maker's Conclusion

  • While 10 dwellings and some minor infrastructure are complete, the majority of the permitted development (28 dwellings) remains unbuilt and the site appears undisturbed for a long period of time.
  • The Planning Authority determined that the works completed to date do not meet the statutory requirement of 'substantial works' pursuant to the original permission (Ref. 16/1084).
  • As the development is not substantially complete, the application fails to comply with the mandatory criteria set out in Section 42 of the Planning and Development Act 2000 for the granting of an Extension of Duration.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for a permitted residential development of 38 units at Eascanrath Brook, Suncroft, Co. Kildare (originally granted under Ref. 16/1084). The site is located within a partially completed housing estate where 10 dwellings are finished and occupied, but 28 units remain outstanding. Kildare County Council refused the extension because a site inspection and assessment confirmed that the majority of the site remains undeveloped and 'substantial works' ha...
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