time duration between warning and enforcement notice

mrjoneill

Information on what does that mean is it for internal planning use or is there a requirement that a decision to issue an enforcement notice should be taken be notified to the concern party. That of the time duration between the issuance of a Planning Warning Letter and a Planning Enforcement Notice.

Planning and Development Act, 2000
153.—(1) As soon as may be after the issue of a warning letter under section 152 , the planning authority shall make such investigation as it considers necessary to enable it to make a decision on whether to issue an enforcement notice.
(2) (a) It shall be the duty of the planning authority to ensure that decisions on whether to issue an enforcement notice are taken as expeditiously as possible.
(b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that the decision on whether to issue an enforcement notice shall be taken within 12 weeks of the issue of a warning letter.

sydthebeat

mrjoneill wrote: »

Information on what does that mean is it for internal planning use or is there a requirement that a decision to issue an enforcement notice should be taken be notified to the concern party. That of the time duration between the issuance of a Planning Warning Letter and a Planning Enforcement Notice.
.

may english isnt your first language, but these two sentences are unintelligible.

can you clarify please exactly what you are asking?

Gumbo

mrjoneill wrote: »

Information on what does that mean is it for internal planning use or is there a requirement that a decision to issue an enforcement notice should be taken be notified to the concern party. That of the time duration between the issuance of a Planning Warning Letter and a Planning Enforcement Notice.

Planning and Development Act, 2000
153.—(1) As soon as may be after the issue of a warning letter under section 152 , the planning authority shall make such investigation as it considers necessary to enable it to make a decision on whether to issue an enforcement notice.
(2) (a) It shall be the duty of the planning authority to ensure that decisions on whether to issue an enforcement notice are taken as expeditiously as possible.
(b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that the decision on whether to issue an enforcement notice shall be taken within 12 weeks of the issue of a warning letter.

Depends on the nature of the breech.
If you don't contact the planning enforcement office at the bottom of the letter then you will find enforcement procedures starting within 5 weeks. Legally they give you 4 weeks to reply.

If you engage with them and agree a timescale for the works to regularise the problem they have the legal scope to defer the enforcement action.

Angry bird

Once it goes to an enforcement letter and indeed further you may be liable for costs.

mrjoneill

Sorry if I confuse but there is a requirement once a warning notice has being issued that the decision to serve an enforcement notice to be done within a 12 weeks period. Does this mean the enforcement notice has to be served on the offending party or just an internal issue and there is no time limit on serving limit on the serving of such enforcement notices.

Angry bird

Can be served at any time, purely case by case.

mrjoneill

Tks it rather meaningless then the section is applicable for internal usage

Gumbo

mrjoneill wrote: »

Tks it rather meaningless then the section is applicable for internal usage

Internal use in the house?
What exactly are you trying to say?

What was the enforcement letter for?

Usually you get a warning letter first inviting you to explain your case.

Metric Tensor

From what I can summarise:

1. The OP or someone he represents got a warning letter.

2. They did not respond to the warning letter.

3. Now over 12 weeks have elapsed since the warning letter and no enforcement notice has arrived.

4. The legislation says the following: It shall be the objective of the planning authority to ensure that the decision on whether to issue an enforcement notice shall be taken within 12 weeks of the issue of a warning letter

5. OP is now wondering:
a. Is it no longer possible for an enforcement notice to be issued because over 12 weeks have passed?
b. Will he get another warning letter if they do plan to issue an enforcement notice?
c. Could an enforcement notice arrive any day?

Is that correct OP? N.B. I don't know the answer myself.

Metric Tensor

P.S. Although I don't know - I suspect c.

Angry bird

Unless the OP is willing to shed more light on actual details then there's little more advice to add.

BryanF

Angry bird wrote: »

Unless the OP is willing to shed more light on actual details then there's little more advice to add.

+1 & use 'Spell check'