Unauthorised Development Enforcement Process

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mitchelstown

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When a complainant reports alleged unauthorized development to the local authority planning enforcement section if a warning letter is issued to the possible offending developer do the enforcement planners make an unannounced visit /or give notice of same, to the site, following the issue of such letter or do they allow the recipient of warning letter four weeks to respond without such stated vsit?

Thanks
 
Generally the issue of a WL is the 1st step in a process, simply to let the owner/operator know that an allegation of unauthorised development has been brought to the the Planning Authority's attention. It gives owner/operator 28 days to make a response.

The legislation says "as soon as be after the issuing of the warning letter ... ... the planning authority shall make such investigation as it considers necessary to enable it to make a decision on whether to issue an enforcement notice", so basically they can call to the site to investigate within the 28 day period if they wish.

All local authority enforcement planners/officer would be authorised officers under a Chief Executive delegation order and would have powers of examination, investigation and survey. They are not required to give any notice. In fact they are able to carry out investigations prior to issuing a Warning Letter if they wish.
 
Did it myself when spotted neighbour building something totally different to what he got planning for, Council were out to visit my neighbour's site within a week. I had spoken to him about what he was building, said it was way different to plans but he and the builder basically laughed at me.
All work stopped (this was an extension so a lot of disruption), he had to apply for new planning permission and he had to change what he was doing because he knew he would not get planning for what he was doing. I was impressed by the enforcement section of Council.
He still says hello...
 
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mitchelstown said:
When a complainant reports alleged unauthorized development to the local authority planning enforcement section if a warning letter is issued to the possible offending developer do the enforcement planners make an unannounced visit /or give notice of same, to the site, following the issue of such letter or do they allow the recipient of warning letter four weeks to respond without such stated vsit?

Thanks
Click to expand...
In the case of dun laoighaire rathdown at least, It’s not unannounced but you would have to make reasonable accommodation for a planning inspector.

If the inspection reveals a breach, this will be confirmed in writing with a request for your proposal for resolving matters i.e. removal of any offending structure or an application for planning permission.
 
Salvadore said:
In the case of dun laoighaire rathdown at least, It’s not unannounced but you would have to make reasonable accommodation for a planning inspector.

If the inspection reveals a breach, this will be confirmed in writing with a request for your proposal for resolving matters i.e. removal of any offending structure or an application for planning permission.
Click to expand...
Thank you, Salvador. Short query. If a wholesale business is taking place as part of Unauthorised Development can this business be compelled to cease when the owner is served with the Enforcement order? or can this be appealed through the Court?
 
My understanding is an Enforcement Order is in its self not worth the paper it is written on. If it is ignored the council have to go to court, a process its self that can take years. Then the court order can be ignored... So the reality is someone with a brass neck can extend the process for years.
 
Towger said:
My understanding is an Enforcement Order is in its self not worth the paper it is written on. If it is ignored the council have to go to court, a process its self that can take years. Then the court order can be ignored... So the reality is someone with a brass neck can extend the process for years.
Click to expand...
Possibly, but in the case of a residential property at least, the breach remains on file (in a filing cabinet) indefinitely. So it creates an issue when the property is ultimately sold.
 
What happens if someone is found guilty of, and fined for, not complying with an Enforcement Order?

Am I right in thinking this is a criminal rather than a civil offence?

Are the guilty parties in such cases required to remove their unauthorized structures within the timeframe
mandated in the original EO or can they appeal and presumably keep on adjourning and appealing?
 
Of course if someone really wants to dig their heels in, then it appears that not even the Supreme Court is powerful enough to stop them!

2017: https://www.irishtimes.com/news/cri...lish-house-built-without-permission-1.3089521

2020: https://www.meathchronicle.ie/2020/...-house-they-built-in-breach-of-planning-laws/

2023: https://www.irishtimes.com/crime-la...e-demolition-abuse-of-process-council-claims/

2024 UPDATE: they're still living there and continuing to thumb their noses at the highest court in the land!

I wonder if they're paying LPT on it!
 
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