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Planning Enforcement Issue

  • 11-11-2013 1:42pm
    #1
    bigburdy
    Registered Users, Registered Users 2 Posts: 19 ✭


    Can anyone give me any advice re an issue with a development near my house?

    The work is being carried out outside of the permitted hours (work starting at 6am etc). The planning enforcement dept of the local council are involved but the developer is continuing to work outside of the permitted hours.

    Is there anything I can do in this case? Would it be of any benefit to send a solicitors letter to the developer/builder?

    Thanks in advance


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Just chase the planning enforcement section of your local authority.


  • #3
    bigburdy
    Registered Users, Registered Users 2 Posts: 19 ✭bigburdy


    Thanks, I've tried that.
    The developer has 4 weeks to reply to each complaint. The first complaint was made in early Sept, nothing has come of it. Council are very slow to do anything.


  • #4
    blastit
    Registered Users, Registered Users 2 Posts: 172 ✭✭blastit


    bigburdy wrote: »
    Thanks, I've tried that.
    The developer has 4 weeks to reply to each complaint. The first complaint was made in early Sept, nothing has come of it. Council are very slow to do anything.
    complain to ombudsman


  • #5
    billy few mates
    Registered Users, Registered Users 2 Posts: 6,920 ✭✭✭billy few mates


    See if you can get hold of the mobile phone number of the planning enforcement officer, then when the builder turns up at 6:00am disturbing your sleep you call him on it to let him know what's happening....


  • #6
    blastit
    Registered Users, Registered Users 2 Posts: 172 ✭✭blastit


    billy few mates wrote: »
    See if you can get hold of the mobile phone number of the planning enforcement officer, then when the builder turns up at 6:00am disturbing your sleep you call him on it to let him know what's happening....
    that will just get op into trouble


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  • #7
    Wheelnut
    Registered Users, Registered Users 2 Posts: 977 ✭✭✭Wheelnut


    Section 160 of the Planning and Development Act 2000 allows both the council and any other person to take action, so off you go and good luck!

    http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0160.html#sec160


  • #8
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Wheelnut wrote: »
    Section 160 of the Planning and Development Act 2000 allows both the council and any other person to take action, so off you go and good luck!

    http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0160.html#sec160[/QUOTE]

    I agree with above.

    You can get a section 160 application into the circuit court very quickly = 10 days notice or immediately ex parte in an urgent case.

    No Civil Bill required, just an affidavit and notice of motion.

    Judge has extensive powers, including closing down the site.

    One downside for a personal applicant is that an undertaking as to damages has to be given if case the respondent can show later that the injunction should not have to be given.

    Planning authorities usually do not have to give such an undertaking - altho I have heard arguments to the contrary.

    See Order 56 of CCR - amended c 2006

    Talk to your solicitor


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