COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 12, 2011

QUESTION NO. 12

QUESTION: Councillor W. Lavelle

To ask the Manager to provide a detailed report on how section 35 of the Planning & Development Act 2000 is applied by this planning authority with respect to applications by applicants who have previously failed to comply with the conditions of other planning permissions or enforcement notices?

REPLY:

Section 35 of the Planning and Development Act 2000 (as amended), provides (inter alia) that :

the planning authority is satisfied that a person or company to whom this section applies is not in compliance with the previous permission, or with a condition to which the previous permission is subject, the authority may form the opinion—
	(i) that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission if granted or with a condition to which such permission if granted would be subject, and
	(ii) that planning permission should not be granted to the applicant concerned in respect of that development

In the application of the Section a number of points need to be considered;

1. All planning applications must be assessed on the basis of the proper planning and sustainable development of an area.

2. Every applicant is legally entitled to a full adjudication and consideration of his / her valid planning application.

3. In order for a Planning Authority to justify utilising this Section and applying to the High Court for an authorisation to refuse permission under Section 35 it would appear that a clear history of planning enforcement convicitions would be required prior to invoking the Section.

To date no cases under Section 35 have been taken by this Planning Authority.