Core Refusal Reason
The application failed to meet the statutory requirements for an extension of duration as no substantial works had commenced on the development prior to the application.
Decision Maker's Conclusion
- The development does not satisfy the criteria set out in Section 42(1)(a)(i) of the Planning and Development Act as substantial works have not been carried out.
- The application does not meet the requirements of Section 42(1B)(b)(v) regarding the commencement of development.
- Recent legislative changes have removed the statutory basis for the Planning Authority to grant an extension of duration where works have not significantly progressed.
Cited Policies (CDP)
Decision Document Summary
The applicant sought an extension of duration for a previously approved permission to construct two semi-detached dormer bungalows at 18 Ballynakelly Cottages, Newcastle, Co. Dublin. The Planning Authority refused the application on the grounds that the project failed to meet the legal threshold for an extension under the Planning and Development Act. Specifically, because works had not commenced and no substantial construction had taken place, there was no longer a valid statutory mechanism to ...SOURCE PDFOpen Original
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