Planning and Development Act 2024
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Time limits | ||
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353. (1) Enforcement action shall not be commenced— | ||
(a) in the case of a development where no permission has been granted, after the expiration of a period of 7 years from the date of the commencement of the development, | ||
(b) in the case of a development for which permission has been granted, after the expiration of a period of 7 years from the date of the expiration of the permission, | ||
(c) in the case of a development for which permission was granted under the Act of 2000, after the expiration of a period of 7 years from the date of the expiration of the appropriate period (including any extension of that period under section 42 of the Act of 2000) within the meaning of section 40 of the Act of 2000, or | ||
(d) in respect of a development for which a certificate has been issued by— | ||
(i) the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997 , or | ||
(ii) the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986 , | ||
after the expiration of a period of 7 years beginning on the date that the certificate ceases to have effect in accordance with Part 4 of the Dublin Docklands Development Authority (Dissolution) Act 2015 . | ||
(2) Proceedings for an offence under this Act shall not be commenced later than 7 years from the date on which the offence concerned is alleged to have been committed. | ||
(3) Notwithstanding subsection (1), enforcement action may be commenced at any time in respect of unauthorised quarry development or unauthorised peat extraction development in any of the following circumstances: | ||
(a) where no permission for the development has been granted and the development commenced after 15 November 2004; | ||
(b) where permission for the development was granted under the Act of 2000 and the appropriate period (including any extension of that period under section 42 of the Act of 2000) within the meaning of section 40 of the Act of 2000 expired after 15 November 2004; | ||
(c) where permission has been granted in respect of the development under Part 4. | ||
(4) Notwithstanding subsection (1), enforcement action may be taken at any time for the purpose of requiring any unauthorised quarry development or unauthorised peat extraction development to cease, and proceedings for an offence under section 350 may be brought and prosecuted at any time in respect of the contravention of an enforcement notice served in relation to such development. | ||
(5) Notwithstanding subsection (1), enforcement action may be taken at any time in respect of any condition concerning the ongoing use of land or a maritime site to which the permission is subject, and proceedings for an offence under section 350 may be brought and prosecuted at any time in respect of the contravention of an enforcement notice served in relation to such condition. | ||
(6) In proceedings (other than proceedings for an offence) under this Part, it shall be presumed, unless the contrary is proved by the defendant or respondent on the balance of probabilities, that— | ||
(a) the enforcement notice concerned was served, or | ||
(b) the application for the planning injunction concerned was made, | ||
before the expiration— | ||
(i) in the case of development to which paragraph (a) of subsection (1) applies, of the period of 7 years referred to in that paragraph, | ||
(ii) in the case of development to which paragraph (b) of that subsection applies, of the period of 7 years referred to in that paragraph, or | ||
(iii) in the case of development to which paragraph (c) of that subsection applies, of the period of 7 years referred to in that paragraph. | ||
(7) In proceedings for an offence under this Part, it shall be presumed unless the contrary is proved on the balance of probabilities that those proceedings were commenced before the expiration— | ||
(a) in the case of proceedings that relate to development to which paragraph (a) of subsection (1) applies, of the period of 7 years referred to in that paragraph, | ||
(b) in the case of proceedings that relate to development to which paragraph (b) of that subsection applies, of the period of 7 years referred to in that paragraph, or | ||
(c) in the case of proceedings that relate to development to which paragraph (c) of that subsection applies, of the period of 7 years referred to in that paragraph. | ||
(8) In proceedings for an offence under this Act (other than this Part), it shall be presumed unless the contrary is proved on the balance of probabilities that those proceedings were commenced before the expiration of the period specified in subsection (2). | ||
(9) (a) In this subsection “quarry” means an excavation or system of excavations made for the purpose of, or in connection with, the extraction of minerals (whether in their natural state or in solution or suspension) or products of minerals, and includes— | ||
(i) any place— | ||
(I) on the surface surrounding or adjacent to the excavation or system of excavations concerned, | ||
(II) occupied by the owner of the excavation or system of excavations concerned, and | ||
(III) used for storing or removing those minerals or products of mineral for the purposes of a process (other than a manufacturing process) ancillary to the extraction of the minerals or products of minerals, including the breaking, crushing, grinding, screening, washing or dressing of such minerals or products of minerals, | ||
(ii) any place— | ||
(I) occupied by the owner of the excavation or system of excavations concerned, and | ||
(II) used for depositing refuse from the excavation or system of excavations concerned, | ||
(iii) any line or siding (other than a railway or part of a railway) serving— | ||
(I) the excavation or system of excavations concerned, or | ||
(II) a place referred to in subparagraph (i) or (ii), | ||
and | ||
(iv) a conveyor or aerial ropeway provided for the removal of minerals, products of minerals or refuse from the excavation or system of excavations concerned, a place referred to in subparagraph (i) or (ii) or a line or siding referred to in subparagraph (iii), | ||
but does not include a mine, a well, a bore-hole or any combination thereof. | ||
(b) Where a place referred to in subparagraph (ii) of the definition of “quarry” is used for a purpose referred to in clause (II) of that subparagraph in relation to 2 or more excavations or systems of excavations, the Minister may designate in writing that place to be part of the quarry of which one of those excavations or systems of excavations is part and, upon such designation, the place so designated shall be deemed to form part of that quarry. | ||
(c) Where a line or siding referred to in subparagraph (iii) of the definition of “quarry” serves 2 or more excavations or systems of excavations, the Minister may designate in writing that line or siding to be part of the quarry of which one of those excavations or systems of excavations is part and, upon such designation, the line or siding so designated shall be deemed to form part of that quarry. |