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Planning breach

  • 30-06-2021 4:13pm
    #1
    spot555
    Registered Users, Registered Users 2 Posts: 52 ✭✭


    Hi all

    Would be grateful for any assistance/expertise/advice you can provide!

    I complained to my local Council about an unauthorised development on a neighbouring site. The council followed up and asked the business who owns the site to submit either retention or planning permission etc to rectify the unauthorised development. I objected however to the new plans that they submitted as they largely just retain what was already built but also build new stuff also. The council decided that further additional info is needed for the application and they've set a deadline of 6 months to submit this.

    My question is can the business just ignore this request and leave the unauthorised development as it is at present? If so would I have to make another complaint reporting the unauthorised development?

    Thanks


Comments

  • #2
    Penn
    Registered Users, Registered Users 2 Posts: 34,914 ✭✭✭✭Penn


    spot555 wrote: »
    Hi all

    Would be grateful for any assistance/expertise/advice you can provide!

    I complained to my local Council about an unauthorised development on a neighbouring site. The council followed up and asked the business who owns the site to submit either retention or planning permission etc to rectify the unauthorised development. I objected however to the new plans that they submitted as they largely just retain what was already built but also build new stuff also. The council decided that further additional info is needed for the application and they've set a deadline of 6 months to submit this.

    My question is can the business just ignore this request and leave the unauthorised development as it is at present? If so would I have to make another complaint reporting the unauthorised development?

    Thanks

    The unauthorised development stays as is while the retention permission is being decided on by the Council. As the Council have requested further information, it means the permission is still being decided on, and they require information from the owner in order to fully make their decision. Once that's submitted (the owner has 6 months in which to submit the information requested by the Council), the Council then have 4 weeks to make a decision.

    Once they make a decision, the owner and anyone who submitted objections/submissions during the planning process have 4 weeks in which to submit an appeal against the Council's decision to An Bord Pleanala.

    So yes, during all that time, the unauthorised development remains in place until the Council decide (or ABP final decision) if it has to be removed, retained, or retained but with changes to be made by the owner. Depending on what the development consists of (as it's a business), there could also be breaches of Building Control (Fire Safety & Disabled Access), so they may be submitting applications for those also.

    If the owners ignore the request for further information from the Council, their retention application is deemed to be withdrawn, and planning enforcement will notify them that the unauthorised development is to be removed. It's highly unlikely they'll ignore the request. If they've gone to the trouble of submitting retention permission application, plus an application for new development also, they'll likely be doing whatever the Council request.


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