COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE

Thursday, September 15, 2016

MOTION NO. 9

MOTION: Councillor D. Richardson

"That this Committee report on the current process of planning enforcement regarding business.  A business in Tallaght village applied for a change of use and was refused.  It is open for business and has not listened to SDCC.  What does this Council do in this circumstance?  The business can apply for a retention and get it from SDCC.  It makes a real mockery of our planning."

REPORT:

On receipt of a valid written complaint in relation to any alleged unauthorised development, the Planning Authority will carry out an enforcement investigation and take appropriate action thereafter.

Under the Planning & Development Act, 2000 (as amended) it is open to any individual to lodge a planning application for retention at any time and a decision is made having regard to the proper planning and sustainable development of the area.  Please note, the process for Planning Enforcement is independent of the Planning Application procedure.  The Planning Authority will take into consideration Section 162(3) of the Planning & Development Act, 2000 (as amended) which states "No enforcement action under this Part (including an application under section 160) shall be stayed or withdrawn by reason of an application for retention of permission under section 34(12) or the grant of that permission".