What are the time limits for Planning Enforcement

jayo73

I am wondering if somebody could tell me what the time limits are with respect to Planning Enforcement.

I have been trying to figure out if it is one of the following;

1) 7 years after Permission has been granted.

2) 7 years after the Permission expires.

3) 7 years after commencement


I have been reading (but not understanding!) the Planning & Development Act 2000 and section 160 (Injunctions in relation to unauthorised development.) states

(6) (a) An application to the High Court or Circuit Court for an order under this section shall not be made—

(i) in respect of a development where no permission has been granted, after the expiration of a period of 7 years from the date of the commencement of the development, or

(ii) in respect of a development for which permission has been granted under Part III, after the expiration of a period of 7 years beginning on the expiration, as respects the permission authorising the development, of the appropriate period (within the meaning of section 40 ) or, as the case may be, of the appropriate period as extended under section 42 .

BryanF

2: planning expired +7years + 7x bankholidays.

Gumbo

12 years in total from date of grant of permission but thats related to the conditions attached to the final grant.
There is no time limit to the use of the property. Plan Enf can move in anytime if for example you get permission for a domestic garage and put a hair dressers in there.

Im sitting with a Plan Enf Officer right now, get your questions in asap

jayo73

BryanF wrote: »

2: planning expired +7years + 7x bankholidays.

Thanks Brian, that is what I was thinking but I was not sure.

So, if a planning application was made in 2007, granted in January 2008, expires in Jan 2013 and building commenced in April 2010 then Planning Enforcement could happen anytime up to some time in Feb 2020?

Thanks,

Jason

Gumbo

jayo73 wrote: »

Thanks Brian, that is what I was thinking but I was not sure.

So, if a planning application was made in 2007, granted in January 2008, expires in Jan 2013 and building commenced in April 2010 then Planning Enforcement could happen anytime up to some time in Feb 2020?

Thanks,

Jason

Depends on the nature of the breach.

BryanF

jayo73 wrote: »

Thanks Brian, that is what I was thinking but I was not sure.

So, if a planning application was made in 2007, granted in January 2008, expires in Jan 2013 and building commenced in April 2010 then Planning Enforcement could happen anytime up to some time in Feb 2020?

Thanks,

Jason

yep

kceire wrote: »

Depends on the nature of the breach.

+1
Op care to elobrate ?

Poor Uncle Tom

12 years and 108 days from the grant date of the planning permission or 7 years and 63 days from the date of the breach.

navyddr713

Hi, do I need planning permission to erect a wall in my rear garden and how high can I erect the wall??

Gumbo

navyddr713 wrote: »

Hi, do I need planning permission to erect a wall in my rear garden and how high can I erect the wall??

No planning of 2m or less. Be sure to discuss with your neighbour if it's a boundary wall.

Calahonda52

kceire wrote: »

No planning of 2m or less. Be sure to discuss with your neighbour if it's a boundary wall.

http://www.irishstatutebook.ie/2009/en/act/pub/0027/sec0043.html#sec43

newacc2015

If you moved the entrance to your property, during a construction job, that required planning permission. Could still get fined from enforcement over 7 years later? Or it 12 years, as you moved the entrance during a construction job, although the planning didnt include permission to move the pillar

Gumbo

newacc2015 wrote: »

If you moved the entrance to your property, during a construction job, that required planning permission. Could still get fined from enforcement over 7 years later? Or it 12 years, as you moved the entrance during a construction job, although the planning didnt include permission to move the pillar

Because you applied for planning and provided existing and proposed plans, the new layout would seem to contradict the granted planning permission.

Therefore it would be my opinion that the time starts ticking from this planning application grant date. (12 years).

newacc2015

kceire wrote: »

Because you applied for planning and provided existing and proposed plans, the new layout would seem to contradict the granted planning permission.

Therefore it would be my opinion that the time starts ticking from this planning application grant date. (12 years).

If I had the foundations down and few dozen bricks beside it. Would it cover me from a fine from the enforcement agent? Or does the whole wall need to be there before they check? I have a feeling a neighbour might call the council about it.

Gumbo

newacc2015 wrote: »

If I had the foundations down and few dozen bricks beside it. Would it cover me from a fine from the enforcement agent? Or does the whole wall need to be there before they check? I have a feeling a neighbour might call the council about it.

Makes no difference. Your proposed plans for the planning application has not been adhered to. The neighbour has every right to lodge a complaint with planning enforcement.

Also bear in mind, it's not a fine that they will hit you with, you will have to reinstate the door or apply for planning to keep it, both cases hitting you in the pocket I suppose.