COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF LUCAN AREA COMMITTEE
Tuesday, March 27, 2012
MOTION NO. 22
MOTION: Councillor G. O'Connell
Cathaoirleach's Business
That the Manager, as soon as possible and without further delay, enforce Condition 9 as per An Bord Pleanála permission granted on 31st October 1989 under Register Reference 88A/666 and PL/6/5/78396 for the construction of 91 houses at Riversdale, Lucan Road, Palmerstown, Co. Dublin.
REPORT:
Section 157(4)(a) of the Planning and Development Act 2000 (as amended) states;
No warning letter or enforcement notice shall issue and no proceedings for an offence under this Part shall commence—
(i) in respect of a development where no permission has been granted, after seven years from the date of the commencement of the development;
(ii) in respect of a development for which permission has been granted under Part III, after seven 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 period as extended under section 42 .
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 31st 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.