Dáil Éireann Debate, Tuesday - 12 May 2015
592. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if the Statute of Limitations applies to planning cases of non compliance-enforcement, where the local authority has contacted the offender, but has taken no further action; and if he will make a statement on the matter. [18508/15]
View answerSection 157(4)(a) of the Planning and Development Act 2000 provides, in respect of unauthorised development, that no warning letter or enforcement notice may be issued by, and no proceedings for an offence may be commenced by, a planning authority - (i) in respect of a development where no permission has been granted, after seven years from the date of the commencement of the development; (ii) in respect of a development for which permission was granted, after seven years beginning on the duration of the permission.
These times limits do not, however, apply in respect of the enforcement of conditions concerning the use of land to which a permission is subject.
Longer time limits apply in respect of unauthorised development for quarrying or peat extraction purposes as set out section 157(4)(aa) and (ab) of the Act.
Similar time limits to those outlined in section 157(4)(a) apply in section 160 in relation to an application to the Circuit Court or the High Court by any person for an order in relation to unauthorised development.
