16.4 - Development Management

A key mechanism in securing the delivery of the policies and objectives of the plan is through the Development Management process. Development Management is the term used to describe the broad range of processes by which development is approved and managed by planning authorities, and by An Bord Pleanála, where relevant. These processes include pre-application consultations, planning applications and planning enforcement. Dublin City Council will have regard to the Development Management Guidelines for Planning Authorities (Department of Environment, Heritage and Local Government, 2007), and any successor guidelines in the carrying out of its Development Management functions.

The Planning and Development Act 2000 (as amended) requires that the planning authority, in making its decision on a planning application, shall be restricted to considering the proper planning and sustainable development of the area, and shall have regard to the provisions of the development plan; the provisions of any special amenity area order relating to the area; and, where relevant, the policy of the government, the minister or any other minister of the government. The granting of planning permission does not by itself enable development to be carried out, and this matter is clearly set out in Section 34 of the Planning and Development Act 2000 (as amended), which states that a person shall not be entitled solely by reason of a permission under that section to carry out any development. There are other legal and procedural requirements which may have to be complied with, such as legislation relating to building control, public health and fire safety.

16.4.1 Compliance with Permission Granted and Enforcement

Development must be carried out and completed in accordance with the planning permission(s) granted. In cases where development, including a material change of use, has commenced or is being carried out without planning permission or in breach of the planning permission, including a breach of any conditions attached to the permission, enforcement proceedings will be taken. Dublin City Council will use all powers at its disposal to ensure that development only takes place with the benefit of valid planning permissions and that all conditions attached to permissions are complied with.

In addition, all developments must ensure compliance with Building Control Regulations 1997 (as amended).

16.4.2 Water Infrastructure

Since the 1st of January 2014, the funding of water infrastructure is the responsibility of Irish Water. Those intending to carry out development will need to enter a ‘Connection Agreement’ with Irish Water that will cover the funding and delivery of the appropriate water infrastructure.