Planning and Development Act, 2000
Refusal of planning permission for past failures to comply.
35.—(1) Where, having regard to—
(a) any information furnished pursuant to regulations made under section 33 (2)(l), or
(b) any information available to the planning authority concerning development carried out by a person to whom this section applies, pursuant to a permission (in this subsection and subsection (2) referred to as a “previous permission”) granted to the applicant or to any other person under this Part or Part IV of the Act of 1963,
the planning authority is satisfied that a person or company to whom this section applies is not in compliance with the previous permission, or with a condition to which the previous permission is subject, the authority may form the opinion—
(i) that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission if granted or with a condition to which such permission if granted would be subject, and
(ii) that planning permission should not be granted to the applicant concerned in respect of that development.
(2) In forming its opinion under subsection (1), the planning authority shall only consider those failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature.
(3) An opinion under this subsection shall not be a decision on an application for permission for the purposes of this Part.
(4) Where the planning authority has formed an opinion under subsection (1), the planning authority shall apply, by motion on notice to the person to whom the opinion concerned relates, to the High Court for an authorisation to refuse permission and the High Court, on hearing the application—
(a) may grant an authorisation to the authority to refuse permission for that reason, or
(b) may refuse to grant an authorisation to the authority to refuse permission and shall remit the application to the authority for decision, or
(c) may give such other directions to the authority as the Court considers appropriate.
(5) (a) Subsection (8)(a) in section 34 shall not apply where an application to the High Court under subsection (4) is made within the period of 8 weeks from the date of the making of an application for permission under this section.
(b) Where, under subsection (4)(b), a matter is remitted to the planning authority, a decision on the permission shall be made within the period of 8 weeks from the date of the decision of the High Court, and subsection (8)(b) in section 34 shall be construed and have effect in accordance with this subsection.
(6) Where an authority is granted an authorisation by the Court under subsection (4)(a) to refuse a permission, no appeal shall lie to the Board from that refusal.
(7) In this section, “a person to whom this section applies” means—
(a) the applicant for the permission concerned,
(b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development referred to in subsection (1)(b),
(c) in the case where the applicant for permission is a company—
(ii) the company concerned is under the same control as a company which carried out a development referred to in subsection (1)(b), where “control” has the same meaning as in section 26(3) of the Companies Act, 1990 ,
(d) a company which carried out a development referred to in subsection (1)(b), which company is controlled by the applicant—