Planning permission and conditions

Lantus

Are conditions of planning legally enforceable as part of the planning permission? What if the local authority breaks their own conditions of planning by say accepting say a paper bond rather than the stipulated cash only bond?

nuac

Yes all lawful conditions are enforceable.

a variation of the bond condition would not affect enforceability

Lantus

nuac wrote: »

Yes all lawful conditions are enforceable.

a variation of the bond condition would not affect enforceability

given any local authoritys reluctance to issue enforement proceedings against themselves who would actually enforce this in reality and what could they even do?

nuac

By "enforceable" I mean enforceable against the developer or the developler successors in title

Lantus

nuac wrote: »

By "enforceable" I mean enforceable against the developer or the developler successors in title

ok, that makes sense for most if not all conditions. But in the example given IF the local authority accepted a paper bond instead of the solely stipulated cash bond as per the conditions of planning then wouldn't the coco of broken their own conditions????

You couldn't sensibly argue that the developer made them accept it.

IF this is a violation of the planning conditions (which I would interpret it as being) them who would enforce it?

Reloc8

You're talking about a challenge by a third party objector to a decision to grant planning permission.

Objectors can appeal to an Bord Pleanala, or mount a judicial review case before the High Court (anyone can do the latter subject to the usual requirements of having standing to do so).

So, who would take enforcement proceedings...you.

Or sorry, the hypothetical third party objector.