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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10106
Experience:  Barrister 17 years experience
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Hi. My question relates to Irish Planning Law. Can a developer

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Hi. My question relates to Irish Planning Law.
Can a developer carry out works being the subject of a planning application in advance of receipt of a final grant of planning permission?
(Assuming the developer has received a favourable decision to grant planning permission & no third parties objected to the development within the initial prescribed 5 week period).
1. Absent a final grant of planning permission a developer cannot carry out works to a building. This effectively means that the appeal period for challenging the grant of planning permission must have elapsed and a final decision of the County Council or An Bord Pleanala must have been given. Essentially, it is a criminal offence to carry out works without a planning permission or before a final decision, which remains un-appealed has been given. So, in law a developer must wait until the decision has been given and the appeal period has elapsed, before commencing works.
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