COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 13, 2023

QUESTION NO. 32

QUESTION: Councillor F. Timmons

To ask the Chief Executive for a report on Housing construction developments to include SDCC powers to stop a developer leaving an unfinished development – commencing a new development before finishing an existing site?

REPLY:

The Planning Authority has no powers or authority to stop a developer leaving an unfinished development and commencing a new development before finishing an existing site under the Planning and Development Act 2000 (as amended).

There is a provision under Section 35 of the Act whereby permission can be refused on the basis of past failures to comply with planning permission on the part of an applicant. To use this provision, the Planning Authority are required to apply the High Court and would require strong evidence. Failure to comply with a planning permission is a criminal offence and as such the Courts are careful in making any determinations around these matters.