COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, June 18, 2015

MOTION NO. 29

MOTION: Councillor C. King

11.3.1 Residential (Implementation) Part (1v) Dwelling Standards:

Where the word "Shall" be appears in relation to the minimum space requirements for Houses and Apartments - that it be replaced with word "Must" be.

REPORT:

The word ‘shall’ is the legally used term in the Planning and Development Act.  It is widely used in other statutory guidance documents and in the Development Management process. It is interpreted to mean that a particular requirement is mandatory. The word ‘shall’ is predominantly used throughout the County Development Plan.  'Must' has the same intended meaning, but tends to be less used for planning/legal purposes.  Both carry a stronger meaning than 'should' or 'may'.

The wording can be changed, but it is recommended that it remains ‘shall’ in the interests of consistency with the Planning Act and related statutory guidance.