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question re: Planning Enforcement notice

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  • 19-12-2022 7:22pm
    #1
    endofrainbow
    Registered Users Posts: 2,611 ✭✭✭


    Hypothetical scenario:

    Enforcement notice served and complied with therefore case is closed with relevant Council

    Fast forward a few months and the issue that prompted the enforcement notice originally has cropped up again. Council suggesting that since case is closed, a new objection and new case must be opened therefore resetting the clock.

    Is this correct? Absolutely no deterrent and nothing to stop an 'offender' from continuing to do this.

    Thoughts?



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    #2
    muffler
    Registered Users Posts: 45,861 ✭✭✭✭muffler


    Not much detail to go on but if the original case was closed then there would be no need to worry about anything if nothing has changed. If someone makes a complaint / another complaint then yes the Council must investigate it to establish the facts. Once it is determined that there is nothing new then the file will be closed again and enforcement proceedings will not commence.



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    #3
    endofrainbow
    Registered Users Posts: 2,611 ✭✭✭endofrainbow


    Thanks for the reply. If it has in fact changed and there are new works which were originally shut down by the enforcement notice and they are in direct contravention of this, can the original complaint be reactivated rather than a whole new case being opened?

    Seems unfair that they can effectively reset the clock and continue to operate in spite of an enforcement notice.


    Can't go into detail in case there may be legalities involved.



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    #4
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,542 Mod ✭✭✭✭Gumbo


    https://www.boards.ie/discussion/comment/120015935#Comment_120015935

    No, whole new case is opened. Legally speaking it has to be that way. The breach is what’s occurring now, not what was months ago and subsequently removed.



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    #5
    Donald Trump
    Registered Users Posts: 19,120 ✭✭✭✭Donald Trump


    You are in a better position as a complainant to have it as a new case.



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    #6
    endofrainbow
    Registered Users Posts: 2,611 ✭✭✭endofrainbow


    https://www.boards.ie/discussion/comment/120116428#Comment_120116428

    Could you elaborate please?



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    #7
    Donald Trump
    Registered Users Posts: 19,120 ✭✭✭✭Donald Trump


    https://www.boards.ie/discussion/comment/120116701#Comment_120116701


    Time resets


    Well it would have stopped once the original complaint was made, but if the violation was rectified, and then repeated again, it would start again



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