COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF RATHFARNHAM/TEMPLEOGUE/FIRHOUSE/BOHERNABREENA AREA COMMITTEE

Tuesday, February 09, 2021

QUESTION NO. 9

QUESTION: Councillor Carly Bailey

To ask the Chief Executive what happens where planning permission has been granted, which has been upheld by An Bord Pleanála but where the land owner has rescinded permission for use of their property. Does this void the permission? In this instane, I refer to the recent granting of permission to install a 24m telecommunications mast behind houses at St. James Road, Greenhills, in the Greenhills Industrial Estate.

REPLY:

The planning permission is not void in this instance as planning permission relates to the land use and is not linked to landownership. Under the Planning and Development Act, Section 34(13) states ‘A person shall not be entitled solely by reason of a permission under this section to carry out any development.’ The applicant is unlikely to be able to proceed without sufficient legal interest to construct the development.