Re: Re: reorganisation and destruction of irish catholic churches
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Simply because a range of options is available to someone does not mean that they are automatically obliged to use only one option.
There was nothing to stop FOSCC playing their liturgical card. However, as they also had the option of the ecclesiastical courts, the Inspector could invoke Subsection 34 (13) in order to keep out of the liturgical dispute.
Stephen Dodd, in his commentary on the 2000 Planning Act, says that Subsection 34 (13):
“reflects the fact that planning permission is permissive in nature rather than granting rights to carry out the development assertable against all persons. Other permissions or rights may need to be obtained before the development can occur”.
There is plenty of case law on this point, e.g. Convery v Dublin City Council and Houlihan v An Bord Pleanala.