Local Government (Planning and Development) Act, 1976

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Limit of duration of planning permission.

29.—(1) Subject to the following subsections of this section, a permission granted under Part IV of the Principal Act, whether granted before or after the passing of this Act, shall on the expiration of the period of five years beginning on the date on which this section comes into operation or on the date of the granting of the permission, whichever is the later, but without prejudice to the validity of anything done pursuant thereto prior to the expiration of that period, cease to have effect as regards—

(a) in case the development to which the permission relates is not commenced during that period, the entire development, and

(b) in case such development is so commenced, so much thereof as is not completed within that period.

(2) Subsection (1) of this section shall not apply as follows:

(a) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission under Part IV of the Principal Act and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission, and

(b) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services and open spaces included in the relevant such permission and which are necessary for or ancillary to such completed buildings.

(3) Where—

(a) a development has been completed to an extent described in subsection (2) of this section and a condition attached to the relevant permission is not complied with, or

(b) a development has been so completed and there is attached to such permission a condition requiring something not to be done, or

(c) a development has been completed save for compliance with a condition attached to the relevant permission, or

(d) a development has been completed but there is attached to the relevant permission a condition requiring something not to be done,

then, unless a notice (in this section subsequently referred to as a waiver notice) stating that the condition need not be complied with is issued under this section, subsection (1) of this section shall neither be construed as affecting, nor operate to affect, the obligation of any person to comply with the requirements of the condition.

(4) A planning authority may, if they think fit, issue a waiver notice on an application being made in that behalf.

(5) Any person who is aggrieved by the decision of a planning authority on an application for a waiver notice may appeal to the Board within the period of twenty-one days, beginning on the date on which the planning authority notify the applicant of their decision.

(6) Where an appeal is brought under subsection (5) of this section, the Board may—

(a) in case a waiver notice has been issued by a planning authority, confirm or annul the notice, or

(b) in case a waiver notice has not been so issued, confirm the decision of the planning authority or issue a waiver notice.

(7) Where—

(a) a permission has been granted under Part IV of the Principal Act for development and the development to which the permission relates is commenced but is not completed before the permission ceases to have effect, and

(b) the relevant planning authority are satisfied that a dispute has arisen as to whether or not—

(i) a particular part of the development was completed before the permission ceased to have effect, or

(ii) a particular part of the development consists of the provision of any one or more of the following, namely, a structure mentioned in subsection (2) of this section, works, roads, services and open spaces so mentioned,

that authority, if they are satisfied that the part of the development was so completed or so consists, as may be appropriate, may, on payment of the prescribed fee (if any), issue a certificate (subsequently in this subsection referred to as a development certificate) to that effect.

(8) In any legal proceedings a development certificate shall be prima facie evidence of the facts thereby certified, and any document purporting to be a development certificate shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate or that the person was an officer of the relevant planning authority, until the contrary is shown.

(9) A planning authority, if they think fit, may as regards a particular permission by order extend or, from time to time, further extend the period referred to in subsection (1) of this section by such additional period as the authority consider appropriate and in case a planning authority make such an order, the reference in the said subsection (1) to the period of five years shall, as regards the permission to which the order relates, be construed as a reference to that period as so extended or as so extended and further extended, as may be appropriate.

(10) When a planning authority grant an extension or further extension, or issue a development certificate, particulars thereof shall be recorded on the relevant entry in the register.

(11) Any person who is aggrieved by a decision of a planning authority on an application for a development certificate may appeal to the Circuit Court within six months of the date of such decision.

(12) Where an appeal is brought under subsection (11) of this section, the Court, if satisfied that the case comes within paragraph (a) of subsection (7) of this section and that a dispute mentioned in paragraph (b) of the said subsection (7) has arisen, may decide accordingly and, as may be appropriate, determine either or both of the following, the extent to which the relevant development was completed before the relevant permission under Part IV of the Principal Act ceased to have effect, or whether or not the part in dispute of the relevant development consists of the provision of things mentioned in subparagraph (ii) of the said paragraph (b), inform the appropriate planning authority of its decision and direct the authority to issue forthwith, if they have not already done so, an appropriate development certificate or, if a development certificate has been issued which is inappropriate having regard to the decision of the Court, transmit such certificate to the authority and direct that in lieu thereof an appropriate development certificate be issued by the authority forthwith.

(13) Where on an application by a person, the Circuit Court is satisfied that there has been unreasonable delay by a planning authority in dealing with an application for a development certificate and the Court is also satisfied in both of the respects mentioned in subsection (12) of this section, the Court may decide accordingly and make the determination mentioned in the said subsection (12) which is appropriate, inform the authority of its decision and direct the authority to issue forthwith an appropriate development certificate.