# Planning enforcement



## mummol (17 Nov 2010)

if someone has planning but doesn't build in compliance with planning what options do neighbours have.

Examples would be site in difference place then indicated on site map,
raising heights to get a 3 storey house from a storey and a half as granted in planning?


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## priscilla (17 Nov 2010)

Contact the relevant county council with details of the development and non compliance; if the council agree it is non-compliant they will issue an enforcement letter to halt development, the developer will then have to correct work or apply for planning permission.


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## mummol (17 Nov 2010)

Do you need to do this in writing or is a telephone call sufficient.


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## mf1 (17 Nov 2010)

Worth checking out

http://www.environ.ie/en/DevelopmentandHousing/PlanningDevelopment/Planning/Overview/Enforcement/

mf


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## johnnyg (18 Nov 2010)

you have to notify them in writing plus you will have to give your name and address as this wil be placed in the neighbours planning file..make sure you give the correct infringements - check their planning file first and then write letter. Planning will send out letter to neighbour and may also involve site visit depending on breeches, neighbour can then apply for retention, which involves them reapplying for planning to retain the non-compliant structures, you can then formally object if you feel that it should be removed or rectified.


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## onq (19 Nov 2010)

mummol said:


> if someone has planning but doesn't build in compliance with planning what options do neighbours have.
> 
> Examples would be site in difference place then indicated on site map,
> raising heights to get a 3 storey house from a storey and a half as granted in planning?



You have to write to the local authority and make a complaint if I recall correctly - direct your letter to the enforcement section, quoting the planning register reference number and clearly stating the nature of the complaint.

Otherwise you could take a Section 160 Action under the Act yourself - costly and potentially risky if the Court or Council decide it was not a breach.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                                                 as a defence or support -     in     and    of        itself  -         should       legal            action        be           taken.
Competent legal and building professionals should be asked to advise in                                                 Real Life with rights to        inspect     and       issue         reports    on     the                matters    at           hand.


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## priscilla (19 Nov 2010)

Mummol,

Any letters of complaint to the enforcement office are confidential and should you wish to complain, your neighbours will not be informed who it was that actually complained about them.


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## joe sod (24 Nov 2010)

*development without planning*

whats the story when person hasnt even applied for planning and is building huge shed, the council are taking so long even to investigate, meanwhile shed is built and in use, what can be done then


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## onq (24 Nov 2010)

I've seen several mystery buildings going on with people looking the other way it seemed to me.
Sometimes the planners genuinely do not know their own planning law that well, other times it beggars belief that this can go on.
My preferred method - in the absence of any planning permission you could invoke - is to take professional advice on the planning issue arising - it may well be a breach of the exempted development regulations.

There are severe constraints for what can and cannot be built without permission in the curtilage of a dwelling house.
Of course depending on the location the compliance or otherwise may arise from something else, some other schedule of exemption.
For instance the shed may be part of a farm holding, so its best to tread carefully and make no unfounded allegations until you're sure.

Having done that you have ot refer it to the Enforcement Section as noted above, and see if they think it merits opening a file.
If it does they will usually give it an ENF number and write to the alleged offender requesting him to respond with a time period.

A process then ensues which may result in an application for retention, which you could object to and then appeal.
Alternatively they may decide to take enforcement action themselves, but in the current climate the Council have no money.
if they at least confirm there is a breacn of planning law, then you might consider taking a Section 160 Action against the alleged offender.

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon                                                  as a defence or support  -     in     and    of        itself  -         should       legal             action        be           taken.
Competent legal and building professionals should be asked to advise in                                                  Real Life with rights to         inspect     and       issue         reports    on     the                 matters    at           hand.


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## priscilla (25 Nov 2010)

The council are supposed to investigate a complaint within six weeks.


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