Onus rests upon developer when time bar defence is relied upon to prove when development commenced

Circuit appeal – planning and development - respondents were enjoined to cease an unauthorised development - unauthorised dormer structure/dwelling and the construction of an unauthorised wall - Council granted planning permission to the first respondent to build a single storey dwelling on the lands - Council issued a further permission to the first respondent for a change of house type from single storey to two storey – works completed - came to the Council’s attention that a large two storey dormer structure, independent of the house, had also been constructed on the lands without permission - a large brick wall was constructed also without permission - whether the Council are precluded from bringing the within proceedings by virtue of lapse of time - seven-year limitation period applies - in the case of a development for which permission has been granted, the period is seven years from the expiry of the permission, which itself has a lifespan of five years, giving a total limitation period of twelve years – inspections and warning letters - applications for retention – sought an undertaking from the respondents that they would cease the unauthorised development – no response – proceedings issued - applications refused – appealed Circuit Court decision – applied for retention again - granted permission for the dwelling house but refused retention of the garage and outbuildings - no evidence before the court as to what precise works were done by the respondents or when they were done, either in terms of the shed/workshop or the screen wall - onus rests upon the developer to prove when the development commenced - respondents have not discharged the onus of establishing that the commencement of the development happened more than seven years prior to the institution of these proceedings – appeal dismissed.