Planning permission objection after enforcement period?

The Continental Op

If someone submits a letter pointing out a glaring failure to comply with a planning permission 14 years after planning has been granted and a house built what happens to that information?

I realise that the County Council won't take any action to enforce the original planning permission but does the letter go on file so that it could potentially be seen when the property is sold?

I'd like to know if said objection would show up in a solicitors search when selling the house? I would point out a search and check of the actual planning is unlikely to show up anything that relates to the site for sale - unlikely as that sounds.

muffler

The letter submitted would be classed as a notification of unauthorised development which would probably be returned as most if not all planning authorities insist on a form being completed. Even if it (or the form submitted) was accepted a new file is opened and dealt with by the enforcement section. It should never appear in any search.

Gumbo

https://www.boards.ie/discussion/2058301380/planning-permission-objection-after-enforcement-period

Basically this ;

complainant sends letter/email to planning enforcement about said development.

Plan Enf send S152 letter to property.

Home owner replies and Plan Enf carry out inspection.

Plan Enf rules deb]cell-meant outside of statutory time frame, case closed.

Future legal searches will show no active enforcement files on said property. It would be up to the buyer to get their surveyor to check relevant planning and compliance on purchase.

mickdw

While there is little power of enforcement at 14 years after the event, the real power remains in the fact the property is non compliant. That being the case, planning authority should not consider any further planning applications on the property until regularised and also any sale of the property would likely require regularisation also.

At that point there would be an opportunity to make a submission to any new application stating history of non compliance etc and generally from experience, if the non compliant feature was something that was specifically deleted originally at planners request, There would be great difficulty in getting retention at any stage.

The Continental Op

https://www.boards.ie/discussion/comment/120737285#Comment_120737285

Thats exactly what I expected. Really a pub talk question where someone thought there would be a tie up with any complaints about non compliance no matter when they were submitted. The discussion was about a new house and the PP conditions said the old house had to come down. No one was bothered when he didn't happen but 14 years on the old house is on the market for sale priced as a house for renovation. I don't think anything will show up on a search when the old house is sold because there are no planning files for the old house as both houses were always separate plots. Unless solicitors searches extend to reading all the past PP's for the area (a surprising number) I don't see anyone ever spotting it.

The Continental Op

https://www.boards.ie/discussion/comment/120737320#Comment_120737320

As above that was the point of the discussion. It seems unlikely that anyone buying the old house will know that it shouldn't even be there. Now it might well catch up with the buyer if they apply for planning permission but even then it might need a planner with a memory of PP's from 15 years ago.