Planning and Development Act, 2000
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Evidence of permission. |
162.—(1) In any proceedings for an offence under this Act, the onus of proving the existence of any permission granted under Part III shall be on the defendant. | |
(2) Notwithstanding subsection (1) of this section, it shall not be a defence to a prosecution under this Part if the defendant proves that he or she has applied for or has been granted permission under section 34 (12)— | ||
(a) since the initiation of proceedings under this Part, | ||
(b) since the date of the sending of a warning letter under section 152 , or | ||
(c) since the date of service of an enforcement notice in a case of urgency in accordance with section 155 . | ||
(3) No enforcement action under this Part (including an application under section 160 ) shall be stayed or withdrawn by reason of an application for retention of permission under section 34 (12) or the grant of that permission. |