Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

What I am trying to work out is the procedure which is envisaged in section 11(1). If, in the first instance, a planning authority takes a case against a developer and the developer comes into court and says he has a section 10 declaration saying the development is exempt, then that is it - case closed. In some senses, the purpose of this provision is to disincentivise a planning authority from taking such action where a section 10 declaration exists. It states that the development is exempt from planning permission.