HomeMy WebLinkAbout2660223 - Part V Exemption Cert
Monaghan County Council
Comhairle Chontae Muineachain
Application form for certificate of exemption from the provisions of Section 96 of the
Planning and Development Act 2000.
1. Applicants Name: Clarlan Limited
2. Applicants Address: 12 Crowe Street, Dundalk, Louth, Ireland
Tel No: Fax No: n/a E-mail:
3. Where applicant is a company registered under the Companies Acts 1963 to
1999, please state:
Name of Company: Clarlan Limited
Address of Company: 12 Crowe Street, Dundalk, Louth, Ireland
Registration No: 705303
4. Agent: McGuigan Architects
5. Agents Address: 6 Plantation Terrace, Monaghan
Tel No: 04777823 Fax No: n/a E-mail: info@mcguiganarchitects.com
6. Address of Correspondence: 6 Plantation Terrace, Monaghan
7. Number of Dwelling Units proposed: 4 New build Dwellings, 2 Refurb &
Extension & 4 change of use Apartments (Alterations less than threshold)
8. Site Area: 0.9710 hectares
9. Location of proposed Development: Shercock Road, Carrickmacross, Co.
Monaghan
(4 copies of a site location map to a scale of 1:2500 with site clearly outlined in
red must be submitted)
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10. Description of proposed Development:
CLARLAN LIMITED INTENDS TO APPLY TO THE ABOVE-NAMED PLANNING
AUTHORITY FOR PERMISSION FOR THE CONSTRUCTION OF AN
ADDITIONAL TWO-STOREY DWELLING AND ASSOCIATED SITE WORKS, IN
ADDITION TO THAT PREVIOUSLY APPROVED UNDER PLANNING REF.
24/60415, AT DERRYOLAM GLEBE HOUSE, A PROTECTED STRUCTURE
(MONAGHAN COUNTY DEVELOPMENT PLAN REF. NO. 41300361 / NIAH
REG. NO. 41310001), SHERCOCK ROAD, CARRICKMACROSS, CO.
MONAGHAN.
11. Applicants interest in lands: Owner
(This application must be accompanied by a statutory declaration giving the
information required under Section 97 (5) of the Planning Act 2000. See
attached)
Signed: _________________________ Date: ______________________
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Statutory Declaration of
_____________ Clarlan Limited _____________
In the matter of development of site at Shercock Road, Carrickmacross, Co.
Monaghan
Re: Cert. Of Exemption from Section 96 of the Planning and Development
Act, 2000.
I, Seamus McEnaney, of 12 Crowe Street, Dundalk, Louth, Ireland, aged 18
years and upwards do solemnly and sincerely declare as follows:
Under Section 97(5) of the Planning & Development Act 2000.
(a) We/I have in our/my ownership the land(s) named in the planning
application, at Shercock Road, Carrickmacross, Co. Monaghan and the
date such ownership was acquired was ________________.
(b) We/I can confirm that no persons are acting in concert with
_____________ Clarlan Limited _______________ with respect to the above
application/lands.
(c) We/I can confirm that _______ Clarlan Limited ________________
does/do not have or have had at any time in its ownership any land in
the immediate vicinity.
(d) We are/I am not aware of any facts or circumstances that would
constitute grounds under subsection (12) for the refusal by the
Planning Authority to grant a Certificate.
Under Article 49 of the Planning & Development Regulations 2000.
(a) We/I can confirm that we/I have not been granted, within the period of
5 years prior to the date of making of the application, a certificate
under Section 97 of the Act, which at the time of the application
remain in force.
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(b) We/I can confirm that we have not been granted permission to carry
out a development consisting of the provision of 4 or fewer houses or
of housing on land of 0.1 hectares or less, within the period of 5 years
prior to the date of making of the application for a certificate, on the
land in respect of which the certificate is being sought or land in its
immediate vicinity.
Declared by the said
______________________
On this day of _______________
______________________ In the town of _______________
Before me a Commissioner
______________________ of Oaths/Practicing Solicitor
And I know the Declarant
______________________
___________________________
Commissioner of Oaths/
Practicing Solicitor.
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PLANNING AND DEVELOPMENT ACT 2000
Section 97
(5) An application for a certificate shall be accompanied by a statutory
declaration made by the applicant -
(a) giving, in respect of the period of 5 years preceding the
application, such particulars of the legal and beneficial
ownership of the land, on which it is proposed to carry out the
development to which the application relates, as are within the
applicant’s knowledge or procurement,
(b) identifying any persons with whom the applicant is acting in
concert,
(c) giving particulars of -
(I) any interest that the applicant has, or had at any time
during the said period, in any land in the immediate
vicinity of the land on which it is proposed to carry our
such development and
(II) any interest that any person with whom the applicant is
acting in concert has, or had at any time during the said
period, in any land in the said immediate vicinity, of
which the applicant has knowledge,
Please note that Section 97 (2) (b) provides as follows:
“Land in the immediate vicinity of other land shall be deemed
in any particular case not to include land that is more than 400
metres from the land second-mentioned in this subsection”.
(a) stating that the applicant is not aware of any facts or
circumstances that would constitute grounds under subsection
(12) for the refusal by the Planning Authority to grant a
certificate,
(b) giving such other information as may be prescribed.
(5) (a) A Planning Authority may require an applicant for a certificate
to provide it with such further information or documentation as is
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reasonably necessary to enable it to perform its functions under this
section.
(c) Where an applicant refuses to comply with a requirement under
paragraph (a), or fails, within a period of 8 weeks from the date
of the making of the requirement, to so comply, the Planning
Authority concerned shall refuse to grant the applicant a
certificate.
(12) A Planning Authority shall not grant a certificate in relation to a
development if the applicant for such certificate or any person with
whom the applicant is acting in concert –
(i) has been granted, not earlier than 5 years before the date of
the application, a certificate in respect of a development, and
the certificate at the time of the application remains in force, or
(ii) has carried out, or has been granted permission to carry out, a
development referred to in subsection (3), not earlier than -
(i) 5 years before the date of the application, and
(ii) one year after the coming into operation of this section,
in respect of the land on which it is proposed to carry out the
first-mentioned development, or land in its immediate, vicinity,
unless –
(i) the aggregate of any development to which paragraph
(a) of (b) relates and the first mentioned development
would not, if carried out, exceed 4 houses, or
(ii) (in circumstances where the said aggregate would
exceed 4 houses) the aggregate of the land on which any
development to which paragraph (a) or (b) relates, and
the land on which it is proposed to carry out the first-
mentioned development, does not exceed 0.1 hectares.
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