COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 11, 2023

QUESTION NO. 48

QUESTION: Councillor F. Timmons

To ask the Chief Executive, in regards to the Taking In Charge process, why are developers allowed build elsewhere without finishing estates ?

REPLY:

If a development is left unfinished then the Local Authority can take planning enforcement action against the developer within a certain statutory timescale to ensure the development is completed in line with the approved planning application. 

There is also provision in Section 35 of the Planning and Development Act 2000 whereby a planning authority can refuse planning permission for "past failures".

This is a complex process and in so doing, the planning authority must be satisfied that past failures are of a substantial nature, and will need to apply by motion on notice to the developer concerned, to the High Court, for an authorisation to refuse permission.

The High Court on hearing the application may

A) grant an authorisation to the Planning Authority to refuse permission

B) may refuse to grant an authorisation to refuse permission and remit back to the Planning Authority for a decision

c) May  give such other directions