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Dáil Question on McHugh v Kildare County Council case

Question No. 161

 To ask the Minister for the Environment, Community and Local Government if there is a proposal to bring forward legislation to deal with the McHugh v Kildare County Council, 2005 IEHC 356 (2005) Supreme Court Decision; what he believes have been the implications to date of this decision; and if he will make a statement on the matter.

– Anthony Lawlor.

For WRITTEN answer on Thursday, 20th February, 2014.

Ref No: 8661/14

REPLY

Section 47 of the Planning and Development Act 2000 (Section 38 of the Local Government (Planning and Development) Act 1963 which was the subject of the Supreme Court Judgment referred to in the Question), provides that a planning authority may enter into an agreement with any person for the purposes of restricting or regulating the development and use of land permanently or for a specified period e.g. regulating development in rural areas under urban pressure.

The agreement which was the subject of the Supreme Court Judgment was not an agreement for the purposes of restricting or regulating the development and use of land permanently or for a specified period. Therefore there are no implications arising from the Judgment for the Planning and Development Act 2000, and there is no reason to bring forward legislation in this regard.