Core Planning Reasoning
The referral constitutes an attempt to question the validity of a prior, unchallenged declaration by the Planning Authority (ED21/0004) regarding the same site and question without any material change in planning facts, which is contrary to Section 50(2) of the Planning and Development Act 2000 and the principle of legal certainty.
Decision Maker's Conclusion
- South Dublin County Council had previously issued a declaration (ED21/0004) confirming the use as exempted development, and no application for judicial review was made within the statutory timeframe.
- Based on legal precedents such as Narconon and Spectre, the Board is precluded from determining a referral that is effectively a collateral challenge to a prior final determination where circumstances remain identical.
- The Inspector recommends that the Board should dismiss the referral as provided for in section 138(1)(b)(i) of the Planning & Development Act 2000 (as amended).
Cited Policies (CDP)
Objective OS – To preserve and provide for open space and recreational amenities
Decision Document Summary
This referral seeks a determination on whether using part of a disused golf course as a GAA pitch in Saggart, Co. Dublin, is exempted development. The site is located within a gated residential community and is zoned 'Objective OS' for open space and recreation. The Planning Authority had previously declared the proposal exempt under Class 33(c). The referrer (Burnella Cottages Ltd.) contested this, citing concerns over cut and fill, loss of trees, and access requirements. However, the Inspector...SOURCE PDFOpen Original
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