HomeMy WebLinkAbout2560450 - Other Assessments No 2PLANNING AND DEVELOPMENT
To: Fiona McEntee
RE: Planning file number 25/60450
Hi Fiona,
Legislation for Correction of Clerical Error
In accordance with Section 146A of the Planning and Development Act 2000 (as amended),
the Planning Authority has the power to amend a Planning Condition where a clerical error
has occurred.
In this instance, an error in the wording stated under condition 2 has occurred.
Condition 2 states;
a) The proposed dwelling when completed shall be occupied as the place of residence
of the applicants, members of the applicant's' immediate family or their heirs and
shall remain so occupied for a minimum period of 7 years thereafter.
b) Before development commences, the applicants shall enter into an agreement
with the Planning Authority, pursuant to Section 47 of the Planning and
Development Act 2000, providing for the terms of the occupancy requirement.
c) Within 2 months of the occupation of the proposed dwelling, the applicants shall
submit to the Planning Authority, a written statement of confirmation of the first
occupation of the dwelling in accordance with paragraph (a) and the date of such
occupation.
d) This condition shall not affect the sale of the dwelling by a mortgagee in
possession or by any person deriving title from a sale.
The correct wording should be as follows;
a) The proposed dwelling when completed shall be occupied as the place of
residence of the applicant, members of the applicant's' immediate family or their
heirs and shall remain so occupied for a minimum period of 7 years thereafter.
b) Before development commences, the applicant shall enter into an agreement
with the Planning Authority, pursuant to Section 47 of the Planning and
Development Act 2000, providing for the terms of the occupancy requirement.
c) Within 2 months of the occupation of the proposed dwelling, the applicant shall
submit to the Planning Authority, a written statement of confirmation of the first
occupation of the dwelling in accordance with paragraph (a) and the date of such
occupation.
d) This condition shall not affect the sale of the dwelling by a mortgagee in
possession or by any person deriving title from a sale.
Summary
In accordance with the provisions of Section 146A of the Planning and Development Act 2000
(as amended) please amend the wording of Condition 2 as detailed above.
Catherine Toner
Assistant Planner
Date 10/08/2026