Statue of limitations

Statue of limitations

Postby annmarie » Sun Jul 23, 2006 12:42 pm

Dublin Co. Council have taken an enforcement order against an intensification of our buisness yard. We have proof that this instenfication commenced oct 2000 and would like to clarify if the sataute of limitation is 5 or 7 years in our case. "Under the Planning and Development Act 2000, if the development commenced on or after the 11th March 2002, thetime limit is 7 years. Action must be taken within 5 years if the unauthorised development/use commenced prior to that date." This is from archiseek website 28th oct 2005 under Harassment from Planning Enforcement Officer. Our barrister advises t5hat the 7 year limit applies to us which I do not understand. Can you help me as the court appearance is immiment.
Thank You,
Annmarie
annmarie
Member
 
Posts: 2
Joined: Sun Jul 23, 2006 12:14 pm

Re: Statue of limitations

Postby PVC King » Sun Jul 23, 2006 4:14 pm

Thats classic 'we have proof that we commenced breaking the law at a particular time'

Bear in mind that the period of limitation terminates upon the date that the first enforcement letter is correctly served upon your business and not the date of the hearing.
PVC King
 

Re: Statue of limitations

Postby annmarie » Sun Jul 23, 2006 6:05 pm

I just need to know if the 5 year statue of limitations applies to our case.
Thank You
Annmarie
annmarie
Member
 
Posts: 2
Joined: Sun Jul 23, 2006 12:14 pm

Re: Statue of limitations

Postby burge_eye » Sun Jul 23, 2006 11:50 pm

I thought this thread was going to be about the Venus de Milo
burge_eye
Member
 
Posts: 180
Joined: Thu Aug 19, 2004 11:55 pm

Re: Statue of limitations

Postby Paul Clerkin » Mon Jul 24, 2006 3:20 am

The barrister is your paid legal advice so I would go with his opinion.
User avatar
Paul Clerkin
Old Master
 
Posts: 5431
Joined: Wed Mar 03, 1999 1:00 am
Location: Monaghan

Re: Statue of limitations

Postby publicrealm » Mon Jul 24, 2006 6:16 pm

annmarie wrote:. Our barrister advises t5hat the 7 year limit applies to us which I do not understand. Can you help me as the court appearance is immiment.
Thank You,
Annmarie


Annmarie,

I believe your barrister is correct - if the unauthorised development commenced in (say) Feb 1997 then you would fall under the 5 year rule (because the old [1992] Act applied for the following 5 years - i.e. until March 2002); but the 7 year rule, introduced in March 2002, effectively extended the enforcement window by two years for all cases after March 1997. During this two year 'extension' you would have had a case that the legislation ought not to be retrospective. However, as this two years has now passed there is really no basis for claiming exemption

You should probably employ a planning consultant if you have not already done so?
publicrealm
Member
 
Posts: 284
Joined: Mon Nov 21, 2005 12:50 am
Location: D6


Return to Ireland