Court summons for breach of enforcement notice

aka_Ciaran

During renovations last year I set about creating off street parking in front of my house, which involved knocking a wall leading from the road/footpath to the house. My brother when helping me out mistakenly knocked the wall parallel to the footpath also. I knew very little about planning at this point and didn't know that I needed planning permission for off street parking. After this the brown stuff started to hit the fan. The timeline of events:

- 24 March 06 warning letter from council saying unauthorised development was being carried out in breach of Section 152 of Planning & Dev Act
- 04 May 06 enforcement notice received giving 4 weeks (deadline 02 June) for reinstatement of boundary wall
- 16 June I apply for retention planning permission. Various discussion back and forth between me and council, with permission eventually granted
- 11 Aug 2006 Decision date for grant of permission
- 19 Sep 2006 Date of Final Grant, giving 6 months to complete the work

After the enforcement letter I didn't hear any more about being in breach of P&D act, so I assumed that applying for retention permission had taken care of this. Then out of the blue on 02 Jan this year I receive a summons to appear in court on Feb 1st for non compliance with the enforcement notice, even though I was granted permission. I went through months of applying for retention permission and there was never any word about the enforcement letter...the pp took 3 months in total. 7 months have lapsed since the date for the deadline of the enforcement notice and it's taken them that long to get back to me. They have put their costs at 2,150 in total...legal costs at 1000 euro, and the remaining 1150 is basically handling / admin / processing of their site inspections, reports, etc. They said if I pay the costs they will recommend that the case be struck out.

So I'm wondering where I stand. For a start I think 2150 euro is ridiculous. Can they grant me retention permission but still say I'm in breach of an enforcement notice that directly relates to the permission I was granted? I don't have 2150 euro...if I go to court and refuse to pay or say I can't afford to pay, what will happen?

* I have read the charter and I know any replies are just advice. I will be getting legal advice but not yet. I want to get general feedback/thoughts/ideas first *

Cheers,
Ciaran.

muffler

While the post is initially planning related the main question being raised is of a legal nature so Im moving this over legal discussion

Our man in Havana

When was the summons dated? Was it dated after or before the 19th September 2006?

aka_Ciaran

Bond-007 wrote:

When was the summons dated? Was it dated after or before the 19th September 2006?

On the actual summons it says 'Dated this 05 Sep 2006'. The attached letter from Dublin city council's solicitor is dated 02 Jan 2007.

Ciaran.

Victor

From March to September you had an unauthorised development - guilty as charged. They are entitled to costs and may seek either conviction and / or a judgement mortgage on the property. It will also have a bad planning history, when you want to sell. Better to sort it sooner than later.

Oh, did you get the footpath dished?

Our man in Havana

Would the fact he got retention permission go in his favour?

aka_Ciaran

Victor wrote:

From March to September you had an unauthorised development - guilty as charged.

Yes guilty as charged, but I also have a right to apply for retention permission. The enforcement letter gave me 4 weeks to reinstate the boundary wall, but I think there is a contradiction there if I'm allowed apply for retention. What was I meant to do - rebuild the wall, apply for normal planning permission, then knock the wall again once I got planning??

Victor wrote:

Oh, did you get the footpath dished?

Not sure...what does dished mean?

non5099

This sounds a bit harsh. They issued the summons just few days before they gave retention? Sounds like a breakdown of communication between the Council and their Solicitors. With a sympathetic Judge he might measure a lower figure. At least you have something to say.

Victor

aka_Ciaran wrote:

Yes guilty as charged, but I also have a right to apply for retention permission. The enforcement letter gave me 4 weeks to reinstate the boundary wall, but I think there is a contradiction there if I'm allowed apply for retention. What was I meant to do - rebuild the wall, apply for normal planning permission, then knock the wall again once I got planning??

Yes. Otherwise we end up with a free for all.

Not sure...what does dished mean?

Ramped, so you aren't driving your vehicle over a 9 inch kerb.

aka_Ciaran

Victor wrote:

Yes. Otherwise we end up with a free for all.

Well what's the point in having retention planning permission then? A person has a right to apply for retention for work already done.

Victor wrote:

Ramped, so you aren't driving your vehicle over a 9 inch kerb.

Footpath is dished already. On a related issue, there is an area between the footpath and the road outside each house...most people use this for parking cars. Mine needs repairing and I'm told this is the council's responsibility. When I spoke to them almost a year ago they said they would repair it, but it's still not done. I miss a 4 week deadine and I'm being taken to court...seems like double standards.

cast_iron

There are no double standards. You broke the law, they didn't.

aka_Ciaran wrote:

Well what's the point in having retention planning permission then? A person has a right to apply for retention for work already done.

What's the point of the 4 week deadline so - if no one will heed it? You could have applied for the retention within that period. That would make it a case different case. You chose to sit on your a*se.

aka_Ciaran

cast_iron wrote:

There are no double standards. You broke the law, they didn't.


What's the point of the 4 week deadline so - if no one will heed it? You could have applied for the retention within that period. That would make it a case different case. You chose to sit on your a*se.

What makes u think I sat on my a*se? I spent the time trying to find an engineer that would do the planning application, ordering the necessary maps/planning pack, organising the public notice, trying to get planners in Dublin city council on the phone to answer queries, creating and submitting new drawings when they weren't happy with the originals, and everything else that goes with a planning application. I got the planning in 16 days after their deadline, which I think is reasonable considering the time it takes them to do anything.

cast_iron

Okay, in fairness, I do understand these things can take a bit of time.

My point is still valid though.

Victor

aka_Ciaran wrote:

Footpath is dished already. On a related issue, there is an area between the footpath and the road outside each house...most people use this for parking cars. Mine needs repairing and I'm told this is the council's responsibility. When I spoke to them almost a year ago they said they would repair it, but it's still not done.

Remind them, tehy even have a special page for you (The footpath needs repairing - what will I do?).

http://www.dublincity.ie/sitetools/faq/faq_roads_and_traffic/road_maintenance_and_footpath_repairs.asp

The footpath needs repairing - what will I do? #5892
Details will be forwarded to the relevant Area Office who will contact the Area Engineer and repair will be scheduled, if deemed necessary. Requests for immediate repairs should be referred to the Road Maintenance Superintendent for the Area ;

South Side, Marrowbone Lane Depot, Telephone 454 3736 ; and
North Side, Collins Avenue Depot, Telephone 8371595.

The contact details for the Area Offices are:
North Central : Dympna McCann 839 8311;
North West : Gerry Filgate 675 5610 ;
Central : Gareth Rowan 672 3892 ;
South East : 675 5990 or 675 5139 ;
South Central : 675 5200