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Does anybody know the cost of a section 160 planning injunction?

  • 02-09-2018 5:39pm
    #1
    WhySoSerious16
    Registered Users, Registered Users 2 Posts: 3 ✭


    .


Comments

  • #2
    rayjdav
    Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    There will be only 1 winner in this if you go this route. $$$$$$ Solicitors $$$$$$
    Not knowing the last thing about your circumstance be very careful that your issues are not vexatious as the LA can/will dismiss such items.

    Best get a local Arch/AT to have a look on your behalf as the pro can give better advise and speak the speak to the LA. Much much cheaper than the legal route..


  • #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,366 Mod ✭✭✭✭Gumbo


    WhySoSerious16 wrote: »
    The council are very reluctant to enforce issues with a neighbours property and the only way I think it will be fixed if I do it myself. There is currently two enforcement notices on the site and one of them has nearly passed 6 months. Planning Law says they will be prosecuted within 6 months of it happening. Retention was also denied for what the enforcement notices are on. But I have a list of 15 more things that have been overbuilt, I've sent them all in in one email? I don't even know why because they probably won't do anything. But if they do do anything would it be under one enforcement notice of would it be one for each. The email was sent on Tuesday and there has been no acknowledgment of it yet. They replied much quicker the first two times. Would I just be better off going to the ombudsman. The builder is also self certificating so nothing is actually being checked to see if they follow building regs. He has also breached nearly half of his planning conditions. I know it's long I just don't know how to keep it short. I'd be thankful if someone replied with suggestions.

    What council area is it?

    Self certification is still legal by the way.


  • #4
    WhySoSerious16
    Registered Users, Registered Users 2 Posts: 3 ✭WhySoSerious16


    kceire wrote: »
    What council area is it?

    Self certification is still legal by the way.

    Dublin City. I don't have a problem with self certificating it's just if there are multiple enforcement notices for not complying with planning laws they should not be allowed to self certificate.


  • #5
    Metric Tensor
    Registered Users, Registered Users 2 Posts: 3,725 ✭✭✭Metric Tensor


    The local authority are obliged to follow enforcement notices right through to legal enforcement and will do so if they get no response by any other means.

    It can take a long time because the give the offender every possible opportunity to rectify the situation but they will issue court proceedings in due course if they get no engagement.

    I think I'd sit tight if I were you - it will take time, but something will happen. I can't guarantee that it will be to your liking.

    Can you just clarify whether you have complained about lack of compliance with planning or lack of compliance with building regulations - as these are two separate and distinct things.


  • #6
    WhySoSerious16
    Registered Users, Registered Users 2 Posts: 3 ✭WhySoSerious16


    .


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  • #7
    Gumbo
    Moderators, Society & Culture Moderators Posts: 40,366 Mod ✭✭✭✭Gumbo


    WhySoSerious16 wrote: »
    New Update, just rang into enforcement, they said they will be calling out within a few days to see if the issue was fixed and then it will sent to the legal department. But when she was asked if it would be taken down she would not answer, what else would happen if this was the case.

    They cant answer if it will be taken down or not, as that will be the Judges decision if it goes to court.


  • #8
    Angry bird
    Closed Accounts Posts: 808 ✭✭✭Angry bird


    Unfortunately these things can take time, even when the Council is it playing by the book. Ultimately it is at the discretion of the court if the alleged offender isn't playing ball but doing enough that their case gets postponed. Request an update in writing and seek professional advice from an engineer or other suitably qualified person.


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