law/jurisprudence concerning planning permission/construction

4umbrellas

Hi,
Would anyone here be able to point me in the direction of the current legislation concerning planning permission / construction (a) on a party wall without the consent of both parties and (b) on someone else's property without the landowner's permission? Or if there isn't actual legislation is there a compilation of jurisprudence (maybe a textbook) that someone could recommend, or a specific way of searching for precedents online?

Thanks for any help.

Wheelnut

A planning permission does not entitle you to do anything you are not legally entitled to do in the first instance. See S.34. 13 of the Planning and Development Act 2000

http://www.irishstatutebook.ie/2000/en/act/pub/0030/sec0034.html#sec34

Peregrinus

This is such a basic proposition that it will be hard to find explicit authority that "you cannot build on land which you do not own". Doing so is usually trespass, obviously, and probably criminal damage as well.

There may be narrow instances in which someone does have a right to go onto someone else's land or property and do work there, but they are exceptional, and you'd be looking for specific authority for those exceptions. Indeed, they only reason you need to point to authority for those instances is because everyone concedes the general rule that this is not allowed.

Give us some facts, 4umbrellas. In the case you have in mind, are there any factors which suggest to you that someone would or should or might have legal authority to do building work on property which they do not own?