COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, March 27, 2012

QUESTION NO. 19

QUESTION: Councillor G. O'Connell

To ask the Manager with reference to my motion of March 2011, Ref 27081, to give the precise law or statute under which the Planning Authority cannot now proceed to enforce (An Born Pleanála) Condition 9?

REPLY:

Section 160(6)(a) of the Planning and Development Act 2000 (as amended) states:

 An application to the High Court or Circuit Court for an order under this section shall not be made—

(i) in respect of a development where no permission has been granted, after the expiration of a period of 7 years from the date of the commencement of the development, or

(ii) in respect of a development for which permission has been granted under Part III, after the expiration of a period of 7 years beginning on the expiration, as respects the permission authorising the development, of the appropriate period (within the meaning of section 40 ) or, as the case may be, of the appropriate period as extended under section 42 .

As planning permission for the development in question was granted Planning Permission on 31^st October 1989 (Register Reference 88A/666 and PL/6/5/78396), there is no enforcement action open to the Planning Authority at this point in time in relation to this matter.