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SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 08, 2020

QUESTION NO.18

QUESTION: Councillor Mary Seery-Kearney

What is the method by which title to a property on the part of the applicant is confirmed either during consideration of or prior to the granting of planning permission? 

REPLY:

Under the Planning Regulations as amended, a planning applicant must either declare the land or structure is in their ownership or must submit a letter of consent from the land owner. Where an applicant is not the owner or does not submit a letter of consent, the application will be invalidated.

Should the applicant either declare their ownership or submit a letter of consent, the Council will accept their bona fides. This is because the Development Management Guidelines state inter alia,

“The planning system is not designed as a mechanism for resolving disputes about title to land or premises or rights over land; these are ultimately matters for resolution in the Courts.”

However, if the Council receives information which raises doubt as to the sufficiency of the applicant’s legal interest, it can seek further information under Article 33 of the Regulations. If this further information does not fully satisfy the Council’s concerns it can refuse permission on that basis.

Should the Council continue to have some doubt but it is not sufficient to refuse the permission, it can grant the permission. This is because all permissions are granted subject to the provisions of section 34(13) of the Planning and Development Act which states that, “a person is not entitled solely by reason of a permission to carry out any development.” In effect, this means the developer must be certain under civil law that they have sufficient legal interest in the land to execute the grant of permission.