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Construction commenced while application is under appeal

  • 12-09-2017 08:18AM
    #1
    v638sg7k1a92bx
    Closed Accounts Posts: 2,913 ✭✭✭


    Long story short is that planning was approved for a retail unit and 2 bed apartment which was approved. An application was then submitted to amend the approved application to a 3 bed apartment which is currently under appeal to An Bord Pleanala. Construction has commenced on the project assuming on the basis of the approval of the 2 bed apartment but my understanding is that construction could not commence until the decision was handed down by ABP, otherwise how would yo know whether they are commencing work to build a 2 bed or 3 bed apartment?
    I contacted DCC enforcement but they said they're inundated with enforcement actions and won't issue proceedings in the short term, the only other recourse I can see at this stage is an ex parte injunction but does anyone know if there is legal precedent or case law for this type of injunction?


Comments

  • #2
    Gumbo
    Moderators, Society & Culture Moderators Posts: 41,706 Mod ✭✭✭✭Gumbo


    Dakota Ugly Pawnbroker wrote: »
    Long story short is that planning was approved for a retail unit and 2 bed apartment which was approved. An application was then submitted to amend the approved application to a 3 bed apartment which is currently under appeal to An Bord Pleanala. Construction has commenced on the project assuming on the basis of the approval of the 2 bed apartment but my understanding is that construction could not commence until the decision was handed down by ABP, otherwise how would yo know whether they are commencing work to build a 2 bed or 3 bed apartment?

    They can legally commence the works for the 2 bed unit permission. Its the alteration to change to a 3 bed unit that they must wait and see if they can implement. If ABP give a grant, they can then lodge a further Commencement Notice to carry out the changes to the 3 bed unit.

    Where abouts is this development?
    Dakota Ugly Pawnbroker wrote: »
    I contacted DCC enforcement but they said they're inundated with enforcement actions and won't issue proceedings in the short term, the only other recourse I can see at this stage is an ex parte injunction but does anyone know if there is legal precedent or case law for this type of injunction?

    If you lodge a complaint with DCC Planning Enforcement, they will follow up on it. They are up to their eyes with complaints, and not enough inspectors (2017 has been a record year for complaints lodged so far).

    They will issue a Section 152 Warning letter, but the owner has 4 weeks to reply, and it will take a month or 2 to inspect.


  • #3
    v638sg7k1a92bx
    Closed Accounts Posts: 2,913 ✭✭✭v638sg7k1a92bx


    kceire wrote: »
    They can legally commence the works for the 2 bed unit permission. Its the alteration to change to a 3 bed unit that they must wait and see if they can implement. If ABP give a grant, they can then lodge a further Commencement Notice to carry out the changes to the 3 bed unit.

    Where abouts is this development?

    Exactly but how do we know that the work being carried out relates to the 2 bed or the 3 bed? The development is beside the -snip-
    kceire wrote: »
    If you lodge a complaint with DCC Planning Enforcement, they will follow up on it. They are up to their eyes with complaints, and not enough inspectors (2017 has been a record year for complaints lodged so far).

    They will issue a Section 152 Warning letter, but the owner has 4 weeks to reply, and it will take a month or 2 to inspect.

    Correct again, which is why I think the only recourse is an injunction. If I wait for DCC the development will be built by the time they get around to inspecting. Do you know of any precedents or case law by any chance?


  • #4
    sydthebeat
    Subscribers Posts: 42,643 ✭✭✭✭sydthebeat


    Dakota Ugly Pawnbroker wrote: »
    Exactly but how do we know that the work being carried out relates to the 2 bed or the 3 bed? The development is beside the -Snip-.

    Correct again, which is why I think the only recourse is an injunction. If I wait for DCC the development will be built by the time they get around to inspecting. Do you know of any precedents or case law by any chance?

    this really is dependent on the specific changes within the application which differentiates between the 3 bed and 2 bed applications.

    if the planner visits the site and determines that the work commenced pertains to the 3 bed application, and not the 2 bed as granted permission, then they will deem the application invalid.

    however if the development only pertains to the 2 bed unit then there is no issue.


  • #5
    BryanF
    Moderators, Home & Garden Moderators Posts: 10,146 Mod ✭✭✭✭BryanF


    Dakota Ugly Pawnbroker wrote: »
    Exactly but how do we know that the work being carried out relates to the 2 bed or the 3 bed? The development is beside the -snip-



    Correct again, which is why I think the only recourse is an injunction. If I wait for DCC the development will be built by the time they get around to inspecting. Do you know of any precedents or case law by any chance?

    Hi
    We'll discuss planning matters all day long

    But I've edited the thread to remove specific location reference and would ask you to go elsewhere where for legal advise

    Thanks


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