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SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, March 09, 2026

QUESTION NO. 5

QUESTION: Councillor L. de Courcy

To ask the Chief Executive does the planning department investigate and take account of potential previous breaches of enforcement when reviewing new applications?

REPLY:

In determining a planning application, the Planning Authority is required under Section 34 of the Planning and Development Act 2000 (as amended) to consider the proper planning and sustainable development of the area, having regard to the Development Plan, national policy, ministerial guidelines and other relevant statutory considerations.

As part of the assessment of a planning application, the Planning Authority will have regard to the planning history of the site, which includes an examination of the planning register, where relevant, including any extant planning permissions and any enforcement notices recorded on the register. Where relevant, and as provided for under Section 34(2) of the Planning and Development Act 2000 (as amended), the Planning Authority may also have regard to established matters such as previous developments by the applicant which have not been satisfactorily completed, or previous convictions for non-compliance with planning act or the Building Control Act 2007 or the Fire Services Act 1981.

Alleged or unproven potential breaches of planning cannot be relied upon in the assessment of a planning application, and undue reliance on such matters could expose the Planning Authority to legal challenge. Any refusal of permission must be based on substantiated planning grounds that are relevant to the application before the Planning Authority and capable of being defended on appeal or before the courts. However, where a proposed development would facilitate or support the continuation or intensification of an unauthorised use or development, this may constitute a relevant planning consideration in the assessment of the application.