Archaeological mitigation works constituted unauthorised development

Planning granted for data processing centre – s.160 of the Planning and Development Act 2000 – excavation works carried out – archaeological mitigation measures – conditions to the planning permission granted by the County Council – decision appealed to An Bord Pleánala – unauthorised development – works for research and discovery purposes – application for excavation licence – pre-planning application – second application resulted from planning control conditions – s.26 of the National Monuments Act 1930 – avoided pre-commencement conditions attached to permission – strict compliance with the provisions of European environmental law – comprehensive EIAR – archaeological investigations required to protect the developer from uncovering something which may lead to considerable delay – overall project not dependent on these works – project splitting – phase one of the investigations carried out at pre-planning stage and was not an attempt to avoid EIA of the entire project – phase one of the works came within class 43 of the regulations governing exempted development – second application resulted from planning conditions - phase two of the investigation was effectively embarking on the development by carrying out the archaeological mitigation works – works were part of the development project and were not a standalone due diligence exercise – the developer carried out unauthorised development – lands restored to their original condition and no order made to this effect.