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penalties for breaching planning permission conditions

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  • 18-11-2014 6:10pm
    #1
    GALWAYGIRL27
    Registered Users Posts: 56 ✭✭


    Hi,

    Does anybody know what are the penalties for breaching planning permission conditions from the county council? The condition in question relates to no hedgerows or trees bounding a site are to be removed. What would happen if trees are removed?
    Thanks.


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    #2
    GALWAYGIRL27
    Registered Users Posts: 56 ✭✭GALWAYGIRL27


    Don't spam posts


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    #3
    RITwing
    Banned (with Prison Access) Posts: 246 ✭✭RITwing


    Potentially you could be forced by legal action to replant.


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    #4
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,533 Mod ✭✭✭✭Gumbo


    GALWAYGIRL27 wrote: »
    Hi,

    Does anybody know what are the penalties for breaching planning conditions from the county council? The condition in question relates to no hedgerows or trees bounding a site are to be removed. What would happen if trees are removed?
    Thanks.

    Realistically, it would depend if somebody makes a complaint to your local planning enforcement section.


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    #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,533 Mod ✭✭✭✭Gumbo


    Maybe a mod could merge these threads, no need for two OP.

    http://www.boards.ie/vbulletin/showthread.php?t=2057329296


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    #6
    Aard
    Registered Users Posts: 4,905 ✭✭✭Aard


    Could enforcement in such a case realistically involve having to replant trees?


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    #7
    mickdw
    Registered Users Posts: 23,283 ✭✭✭✭mickdw


    Aard wrote: »
    Could enforcement in such a case realistically involve having to replant trees?

    I Don't see why not.


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    #8
    who_me
    Registered Users Posts: 3,669 ✭✭✭who_me


    Aard wrote: »
    Could enforcement in such a case realistically involve having to replant trees?

    I've heard of one case where a few trees were cut down which were bordering two properties - the 'offendee' claimed they were on his side but the exact boundaries are obviously a little vague.

    It lead to a bit of a scuffle between the neighbours, went to court and it ended up that the guy who paid to have them cut down had to have new trees replanted, a tall fence erected until the trees matured - and IIRC there was also a significant fine.

    I'd guess it all depends on whether someone is likely to object, and who owns the land on the opposing side.


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    #9
    GALWAYGIRL27
    Registered Users Posts: 56 ✭✭GALWAYGIRL27


    Could the county council issue a fine for instance?


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    #10
    CJhaughey
    Registered Users Posts: 14,906 ✭✭✭✭CJhaughey


    GALWAYGIRL27 wrote: »
    Could the county council issue a fine for instance?
    It could be serious, like this case


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    #11
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    GALWAYGIRL27 wrote: »
    Could the county council issue a fine for instance?

    Generally they start with an enforcement notice, then fine/court. It can be a long winded and tedious process, however when they chooseto move quickly they can.
    http://www.meath.ie/CountyCouncil/Planning/UnauthorisedDevelopment/

    http://www.advertiser.ie/galway/article/29812/county-council-sets-sights-on-illegal-m6-billboards


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    #12
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    GALWAYGIRL27 wrote: »
    Hi,

    Does anybody know what are the penalties for breaching planning permission conditions from the county council? The condition in question relates to no hedgerows or trees bounding a site are to be removed. What would happen if trees are removed?
    Thanks.
    Before this goes any further can you reassure us that you not seeking to circumvent your planning conditions?
    Thanks


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    #13
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,533 Mod ✭✭✭✭Gumbo


    GALWAYGIRL27 wrote: »
    Could the county council issue a fine for instance?

    They can order you to reinstate the trees, build an adequate barrier until the trees matured enough and then you will be liable for enforcement costs which are high as my local council have external barristers and co.


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    #14
    Jaap
    Registered Users Posts: 289 ✭✭Jaap


    The Forestry Act of 1946 allows you to fell trees which are within 100 feet of your property without a licence.
    Not sure if this would override a planning condition.


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    #15
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,140 Mod ✭✭✭✭BryanF


    Jaap wrote: »
    The Forestry Act of 1946 allows you to fell trees which are within 100 feet of your property without a licence.
    Not sure if this would override a planning condition.

    Planning wins


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    #16
    bertie 56
    Registered Users Posts: 602 ✭✭✭bertie 56


    CJhaughey wrote: »
    It could be serious, like this case

    Of course, don't do it, but this case can't be called " serious "...

    Two people has been fined ... 11 euros each per tree ...

    At the price of the wood today, that's a bargain ! :eek:


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