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Unauthorised development - warning from LA

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  • 06-10-2019 9:48pm
    #1
    glen123
    Registered Users Posts: 551 ✭✭✭


    Just looking for some advice please.
    A neighbour received a warning from the LA that they had received info about unauthorised development on his land. The development had planing permission with conditions attached to it and it’s the conditions that hadn’t been adhered to. PP was issued 15 years ago, development took place also 15 years ago, so going by this, it falls under the 12 year rule as it’s more than 7 years since the expiry of the PP.
    Is it a good idea if he replies to the LA himself or is it better to get a solicitor to do it on his behalf? He thinks of writing to them explaining that development took place 15 years ago, straight after the PP had been issued and that he has plans to rectify the situation in due course (which he does as he knows he'd have issues sellings the property, etc) but he wants to make sure LA do not issue enforcement, etc.
    Any advice is much appreciated.


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    #2
    Yakov P. Golyadkin
    Registered Users Posts: 564 ✭✭✭Yakov P. Golyadkin


    glen123 wrote: »
    Just looking for some advice please.
    A neighbour received a warning from the LA that they had received info about unauthorised development on his land. The development had planing permission with conditions attached to it and it’s the conditions that hadn’t been adhered to. PP was issued 15 years ago, development took place also 15 years ago, so going by this, it falls under the 12 year rule as it’s more than 7 years since the expiry of the PP.
    Is it a good idea if he replies to the LA himself or is it better to get a solicitor to do it on his behalf? He thinks of writing to them explaining that development took place 15 years ago, straight after the PP had been issued and that he has plans to rectify the situation in due course (which he does as he knows he'd have issues sellings the property, etc) but he wants to make sure LA do not issue enforcement, etc.
    Any advice is much appreciated.

    Conditions attached to a permission do not have a time limit so the authority can issue proceedings at any time.
    He should contact the local authority and indicate his willingness to rectify the unauthorised development. They may require this to be done sooner than he would like.


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    #3
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,435 Mod ✭✭✭✭Gumbo


    Yakov P. Golyadkin wrote: »
    Conditions attached to a permission do not have a time limit so the authority can issue proceedings at any time.
    He should contact the local authority and indicate his willingness to rectify the unauthorised development. They may require this to be done sooner than he would like.

    +1

    You have 4 weeks to reply.
    The reply should I vote the enforcement officer out to inspect and agree a time frame to rectify.

    Technically they don’t have to give you any set period but they have to appear to be reasonable as if it goes to court the judge will ask was reasonable measures taken to allow the owner to fix the problem.

    They may give you about 4 weeks to lodge a retention application and then they’ll put a hold on the file until a decision is made.

    You also have to be aware that somebody local has complained to the enforcement section so they can’t sit back and let you cherry pick what you want to fix as the complainant will most Likely be back into them.


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    #4
    glen123
    Registered Users Posts: 551 ✭✭✭glen123


    Thanks.

    He has a garage built, part of which is used as an office (when working from home - no business to commercial activity involved).That side of the garage has windows which were not in the drawings.

    Condition attached to the building of the garage was:
    “The garage shall only be used for storage purposes and purposes incidental to the enjoyment of the main dwelling and
    shall not be used for commercial purposes.”


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    #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,435 Mod ✭✭✭✭Gumbo


    glen123 wrote: »
    Thanks.

    He has a garage built, part of which is used as an office (when working from home - no business to commercial activity involved).That side of the garage has windows which were not in the drawings.

    Condition attached to the building of the garage was:
    “The garage shall only be used for storage purposes and purposes incidental to the enjoyment of the main dwelling and
    shall not be used for commercial purposes.”

    Personal office use. Could it be considered ancillary use to the main dwelling.
    Don’t forget, the person that complained, the LA just take their word and that’s what goes on the Section 152 letter.

    The purpose of the inspection is to determine if there’s any breach at all so he may be still ok.


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    #6
    darragh_1
    Registered Users Posts: 7 ✭darragh_1


    Conditions to a planning permission do have a time limit - 7 years after the expiry of a planning permission. Its only where the use of the land is concerned in a planning condition that there is no time limit for planning conditions.


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    #7
    kieran.
    Registered Users Posts: 1,174 ✭✭✭kieran.


    darragh_1 wrote: »
    Conditions to a planning permission do have a time limit - 7 years after the expiry of a planning permission. Its only where the use of the land is concerned in a planning condition that there is no time limit for planning conditions.

    That is my thinking too

    P & D Act
    Section 157 4(b)

    (b) Notwithstanding paragraph (a), proceedings may be commenced at any time in respect of any condition concerning the use of land to which the permission is subject


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    #8
    glen123
    Registered Users Posts: 551 ✭✭✭glen123


    Would "use of land" = use of of what's built on that land?

    But let's say LA can go after the usage of the garage because of the condition in the PP...Can they still enforce the removal of windows, heating, etc if it's been more than 7 years since the expiry of the PP and more than 12 years since it was built if proof is provided that the space is used for storage only?


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