Planning Enforcement

Discussion in 'Askaboutlaw' started by glengar, Jan 4, 2017.

  1. glengar

    glengar Frequent Poster

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    I live near a commercial Premises which has recently been taken over and renovated all work done without any Planning Applications

    There were Problems before with this premises and Planning Applications were made and Some Refused and Some Granted with Conditions

    The new Works Now Breach the Existing Conditions attached to the Planning Decisions

    I want to find a solicitor with experience in this area Planning Law as I am considering seeking an Injunction to prevent the unauthorised use

    Can anyone please recommend A Solicitor to Consult I am in Dublin West

    Thanks

    glengar
     
  2. noproblem

    noproblem Frequent Poster

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    532
    Most of the younger solicitors would be very happy taking this on. Not saying the older one's wouldn't either.
     
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  3. glengar

    glengar Frequent Poster

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    25
    Thanks But is it a specialised area do you know of anyone who would be interested
     
  4. noproblem

    noproblem Frequent Poster

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    532
    Not in Dublin, sorry.
     
  5. peemac

    peemac Frequent Poster

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    Would it not be easier (and cheaper) to make an official complaint to the local planning officer?

    Court injunctions can be very expensive and should be seen as a last resort.
     
  6. glengar

    glengar Frequent Poster

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    25
    Sure I know but As anyone who knows The Planning System it is a disaster and Someone can carry on an unauthorised use for a very long time by applying for retention making changes applying again etc etc so enforcing existing Conditions might be only option
     
  7. DirectDevil

    DirectDevil Frequent Poster

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    My initial thought was exactly the same as peemac.

    I cannot emphasise too much the potential hazards of litigation especially if you are dealing with a large outfit who can "outlawyer" and "outresource" you. I would put my complaint in writing to the Planning Office.

    If there are enforcement proceedings required let the local authority take it if it falls within their legal competence. In that case you would be held harmless as you would not be a party to the litigation. You might be called as a witness but that is not the same. Even if there are enforcement proceedings it does not follow that they will provide a cure for your situation if the transgressor is able to make an application to retain or a new planning application.

    You might face a problem however if the local authority decides not to proceed and or if the problem is rectified as far as planning law is concerned. You may have a different legal interest as the basis for a complaint and it might be outside the scope of the planning laws e.g. if some of your property rights are being breached. In that circumstance I would then say that you need to retain a solicitor.

    You might look at this thread for a recommendation http://www.askaboutmoney.com/forums/recommend-advisors-solicitors-accountants-etc.75/
     
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