SD17A/0139/EP

Permission for residential development comprising 9 dwellings. The proposed development is comprised of: (1) 2 Type A, 2 bed two storey semi-detached houses; (2) 1 Type B, 3 bed two storey detached house with attic conversion; (3) 2 Type C, 3 bed two storey end terrace houses with attic conversions; (4) 2 Type D, 2 bed two storey mid terrace houses with attic conversions; (5) 2 Type E, 3 bed two storey end terrace houses with attic conversions; (6) proposed new vehicular access road from St. Johns Road (located on lands owned by South Dublin County Council); (7) connections to all services and all ancillary site development works and (8) a pedestrian access gate at the intersection of Commons Road and Fonthill Road (located on lands owned by South Dublin County Council).

Refused

Core Refusal Reason

Failure to meet statutory criteria for an extension of duration due to the lack of substantial works commenced on-site prior to legislative changes.

Decision Maker's Conclusion

  • The application does not satisfy the requirements of Section 42(1)(a)(i) or Section 42(1B)(b)(v) of the Planning and Development Act as amended.
  • No substantial works have been carried out on the proposed development prior to the expiration of the original permission.
  • Recent changes in planning legislation have removed the statutory basis for granting extensions where development has not significantly progressed.

Cited Policies (CDP)

Decision Document Summary

This application sought an extension of duration for a residential development of 9 dwellings on lands fronting Fonthill Road and to the rear of St. Johns Road, Clondalkin. The Planning Authority refused the extension because the applicant failed to demonstrate that substantial works had been completed on the site. Following legislative amendments to the Planning and Development Act, the legal mechanism for extending permissions where works have not commenced or reached a significant stage of co...
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