How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10076
Experience:  Barrister 17 years experience
Type Your Republic of Ireland Law Question Here...
Buachaill is online now
A new question is answered every 9 seconds

My question related to Irish Planning LegislationWith regard

This answer was rated:

My question related to Irish Planning Legislation
With regard to the processing by a planning authority of a Section V application for a declaration of exempted development I note that the legislation prescribes that the planning authority shall issue the declaration on the question that has arisen within 4 weeks of the receipt of the request.
What recourse do I have as a person issuing the request when the planning authority fails to issue the declaration within the 4 week period?
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 3 years ago.
Hi Fran
I haven't received an answer to my question & i am happy to continue waiting.

I am searhing for a Republic of Ireland legal professional for you.
1. As with all planning decisions, once a decision has not been issued within the required time period by the planning authority, the applicant is taken to have been granted the permission in law. Accordingly, where the declaration of exempted development has not issued within the required 4 week period, you are in law taken to have obtained your declaration of exempted development. So you can proceed with the works which pertain to the exempted development. The law is in this fashion to prevent holdups in the planning process from derailing development.
Please RATE the Answer positively so that I may get paid
Customer: replied 3 years ago.

Since asking my initial question I had an opportunity to review the legislation.

Could you comment as to whether the following extract has any bearing on your previous determination:

Planning & Development Act 2000, Section 5 (3)(b):

'Without prejudice to subsection(2), in the event that no declaration is issued by the planning authority, any person who made a request under subsecton (1) may, on payment to the Bord of such fee as may be prescribed, refer the question for decision to the Board within 4 weeks of the date that a declaration was due to be issued under subsection (2).'

2. This provision is designed for the situation where the applicant is doubtful as to whether the development is actually exempted development and thus whether the applicant may face enforcement action in the future should the planning authority decide to prosecute. Prima facie, exempted development needs no planning permission. So an applicant is free to build the development without planning permission. All an application for a declaration that development is exempted development gets is a statement of rights. There is nothing preventing prosecution should the planning authority decide to do so, as there has been no planning application made which has been legalised by a grant of planning permission.
3. In law a declaration is merely a statement of rights. It does not bind any situation or any development created as a result of it. Applicants seeking declaration of exempted development think they are getting a cast-iron guarantee that what they do will not be subsequently invalidated. However, that is not what a declaration gives in law. A declaration in law is merely a declaration of rights. It does not bind any particular development. The provision for application to An Bord Pleanala is designed to issue a statement of rights where something is going to occur over a wider number of developments. Then a general statement of rights from An Bord Pleanala sets out the policy applicable. However, a declaration which is merely a statement of rights binds no individual particular planning situation. This is what you have to understand and this is why this provision is not used so often. You can still get prosecuted even after a declaration has issued and be required to get planning permission if it subsequently turns out that planning permission is necessary.
Please RATE the Answer positively so that I may get paid
Buachaill, Lawyer
Satisfied Customers: 10076
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Previous | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX

Meet The Experts:

  • Buachaill



    Satisfied Customers:

    Barrister 17 years experience
< Last | Next >
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • cmcsolicitor's Avatar



    Satisfied Customers:

    and Mediator practicing in Cork, Ireland.
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • José M.'s Avatar

    José M.


    Satisfied Customers:

    Spanish Attorney
  • A.Valcke's Avatar



    Satisfied Customers:

    14+ years experience // Masters in EU Law
  • Thomas's Avatar



    Satisfied Customers:

    UK based Immigration Solicitor

Related Republic of Ireland Law Questions