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Planning enforcement details

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  • 16-05-2022 4:45pm
    #1
    Registered Users Posts: 2,618 ✭✭✭


    Anyone know if there is a public site to view Planning Enforcement decisions? I know that DCC have a section to view planning applications but can't find anything with regard to PE decisions.



Comments

  • Registered Users Posts: 9,761 ✭✭✭Effects


    Call them and ask.



  • Registered Users Posts: 2,618 ✭✭✭endofrainbow




  • Registered Users Posts: 9,761 ✭✭✭Effects


    Ah jasus, still covid vibe I guess. Best of luck so.

    Can you make an appointment to go in? I've done that to get plans during covid.



  • Registered Users Posts: 116 ✭✭limos


    How long after retention was refused do you have to remove offending structure



  • Registered Users Posts: 2,618 ✭✭✭endofrainbow


    it varies but the details and timetable would have been advised to the owner/builder.



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  • Moderators, Society & Culture Moderators Posts: 38,639 Mod ✭✭✭✭Gumbo


    No is the short answer.

    Planning Enforcement actions are private and protected from the FOI act unless they go to court where you’ll see the public outcome.

    The only info the Plan Enf section will give out is if there’s any active enforcement notice on a site as this is requested during the conveyance process daily.

    What information in particular are you looking for?



  • Moderators, Society & Culture Moderators Posts: 38,639 Mod ✭✭✭✭Gumbo


    Sometimes it’s contained in the condition of the retention refusal. One application I done for a client last year stated it had to be removed within 6 months.

    If there’s an active Enforcement File then shortly after the decision is made and if no appeal to ABP is lodged, the Plan Enf section will touch base stagings it’s removal is now required to avoid an Enforcement Notice as once that notice is issued, it’s legal and the building owner is then liable to Costs.



  • Registered Users Posts: 2,618 ✭✭✭endofrainbow


    Enforcement Notice has been issued against a structure which has been illegally adapted for habitation. Wondering what timescale applies to the tenants having to leave - notice etc.



  • Moderators, Society & Culture Moderators Posts: 38,639 Mod ✭✭✭✭Gumbo


    Are you sure it’s an Enforcement Notice and not a Section 152 Warning Letter?



  • Registered Users Posts: 2,618 ✭✭✭endofrainbow


    Positive it's an Enforcement Notice.



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  • Registered Users Posts: 716 ✭✭✭macvin


    With a little work they could delay this for 10+ years. In reality, if it not a major development, the enforcement only means they will not be able to sell it until remedial action is taken.

    So if its a "garden room" that is not a monstrosity, the chances of actual enforcement is close to zero and there is literally nothing you can do.


    All you have to look at is the massive house built in Meath and you can see the difficulty. If the person who ahs it claims their son/daughter/niece/nephew etc are living in it due to the current crisis, a judge will give a lengthy stay on enforcement and then a further extension and a further extension


    So you may not like it, but best to ignore it and not let it affect you too much



  • Moderators, Society & Culture Moderators Posts: 38,639 Mod ✭✭✭✭Gumbo


    That’s incorrect, once it goes to Enforcement Notice, legal proceedings have begun and a court date will be set if the requirements of the Enforcement Notice are not complied with.



  • Registered Users Posts: 2 GalwayGaz


    Hi, Gumbo, 

    You seem to be pretty clued in about all this stuff so hope you won’t mind taking a second to clarify something 

    I live in Galway and have a pair of horrible Dub weekend neighbours who built two large house-sized structures on the land next time mine without planning permission.

    As land in question is not supposed to be built on, I reported them to the local council.

    Having had a warning letter and enforcement notices, they applied for retention and lost before quicly issuing and withdrawing a Bord Na Pleanala appeal – probably because it bore no relation to their retention app.

    The council has now advised me they will be taken to court. 

    What I need to know is what might happen next? 



  • Moderators, Society & Culture Moderators Posts: 38,639 Mod ✭✭✭✭Gumbo


    Judge will decide.

    Most likely allow time for a further retention app or give a time frame for their removal.



  • Registered Users Posts: 2 GalwayGaz


    Thanks

    Anything I can do to keep the pressure on the people concerned?

    Write to the Min of the Env? Approach Green groups? Talk to the media?



  • Registered Users Posts: 28,606 ✭✭✭✭AndrewJRenko


    Do you think it’s a good idea for Court cases to be subject to pressure?



  • Registered Users Posts: 10,050 ✭✭✭✭Caranica


    Don't do anything that could make yourself a target, especially talking to the media.



  • Registered Users Posts: 2,618 ✭✭✭endofrainbow


    Agreed. You might find a level of intimidation that you won't be happy with.



  • Registered Users Posts: 379 ✭✭hkjohn


    thanks for all your feedback. Much appreciated



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