Planning application refused but structure not removed

tomdublin

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20 years ago my neighbours built a huge 3 storey extension next door on a protected structure without planning permission. In 2001 they applied for a retention permission which was refused by Dublin City Council. The refusal was upheld by An Bord Pleanala. However, 20 years later the extension is still standing and DCC's register of planning applications shows no subsequent application. I haven’t been able to find out if DCC ever took enforcement action as there doesn't seem to be any register of this. The building is a protected structure in Dublin 7 (and I just recently moved there, thus the amount of time that has lapsed). I know its 20 years ago and probably a bit of a longshot but I wonder if someone can help me with the following questions:

1) Is there any way of finding out whether DCC took enforcement action and, if so, why it wasn't pursued further?

2) Are councils legally required to take enforcement action once an application for retention has been refused?

3) If it turned out that DCC has not taken enforcement action, would the 7 year rule apply?

4) If it turned out that DCC has taken enforcement action (but obviously without success) would the 7 year rule still apply?

Many thanks for your help!
 
council may have good reason not to progress. They won’t pursue every single episode of unauthorised development to court. They may have engaged in other ways.

Nothing stopping you bringing an injunction for the continuing use - section 160’ of the P&D act gives you the right
 
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