Clare County Council planning persmission fees

Clare County Council planning persmission fees

Postby Lorr » Fri Jul 17, 2009 2:52 pm

Hi all

I was wondering if someone could help me. Yesterday my husband received a letter from the council advising he never paid planning contribution fees, totaling nearly €1700.00.
He rang them today and they advised it is for unpaid planning permission fee and he also never paid for his water to be connected.

My husband (before we even met) applied for planning permission back in Sept 99 and got it Dec 99. He is fully sure he had paid these, but we are unable to find evidence of this. Our bank advised they only have records back as far as 7 years.

What i can't fathom is that this is now 2009 and this is the first correspondence we have received from them regarding it ??

Any advice?
Lorr
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Re: Clare County Council planning persmission fees

Postby ryans » Fri Jul 17, 2009 10:46 pm

Hi Lorr,

I stand open to correction on my interpretation on this (I'm in no way a legal person!). Bit of a gray area. There is no time limit on enforce action on compliance with planning conditions an the onus is on the applicant to prove compliance. However did a little reading and an agreement to pay development contributions comes in the form of a Simple Contract:

Planning & Development Act 2000

S48(15)(c) A planning authority may recover, as a simple contract debt in a court of competent jurisdiction, any contribution or interest due to the planning authority under this section.

These simple contracts are covered by the Statutes of Limitations, which would limit any action to recover the money to six years. The relevant section quoted below.

Statutes of Limitations Act 1957:

11.—(1) The following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued—

[GA] ( a ) actions founded on simple contract;


Now there is a number of exceptions; such as if you were to make any acknowledgement to the Council by letter that you might become liable again. You may also be liable for interest accrued on top of this also. But the limitations argument might be a way around it. If you cant get proof that you paid the money probably best to have a chat with a solicitor before you contact the council again just to clarify the best way to proceed.

Somebody might be more knowledgeable on this but hope that helps and best of luck!
ryans
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Re: Clare County Council planning persmission fees

Postby Lorr » Mon Jul 20, 2009 2:01 pm

Hi ryans

Thank you for your reply. I'm going to do every thing in my power first to prove compliance.
I'm waiting for the architect at the time who submitted everything to get back to me to see if he has any recollection of this.

If not i will contact a lawyer.

Thanks again

Lorr
Lorr
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Posts: 2
Joined: Fri Jul 17, 2009 12:20 pm


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