Unauthorised Development/Enforcement

 Enforcment Procedures 2000 Act:

Warning Letter: The 2000 Act provides that where a representation in writing is made to a planning authority by any person that unauthorised development may have been, is being, or may be carried out, or that it appears to the authority that unauthorised development may have been, is being, or may be carried out, the authority must issue a warning letter to the owner, the occupier or any other person carrying out the development. This warning letter must be issued not later than six weeks after the complaint and the complainant is entitled to a copy if he/she requires one.  This statutory requirement has had a major impact on planning authorities and has led to the setting up of special enforcement units.

The warning letter must indicate the land in question and allow for submissions in writing within a four-week period.  It must also warn that an enforcement notice may be issued, state that officials can enter on the land for the purpose of inspection at any reasonable time, and explain the penalties and likely court costs if a prosecution is warranted.

Following this procedure, a planning authority has a duty to ensure that a decision on whether to issue an enforcement notice is taken as expeditiously as possible (max. 12 weeks).  The decision made by the planning authority including the reasons for it must be entered into the planning register.

 Whether the decision is to serve an enforcement notice or not, the authority must inform the person who made the initial representation in writing.

In urgent cases, the planning authority can immediately issue an enforcement notice or use the mechanism described hereunder in relation to Court injunctions.

 An Enforcement Notice: is a notice to “force” a person to cease or remove an unauthorised development or use, or to comply with the terms of a planning permission.

The 2000 Act also provides for making an application to the High Court and Circuit Court for an injunction in particular cases. The Courts are entitled to order that:

1)       the unauthorised development is not carried out or continued

2)      in so far as is practicable, that any land is restored to its condition prior  

          to the commencement of any unauthorised development

3)             that any development is carried out in conformity with the permission granted.

The Court may order the carrying out of any works, including the restoration, reconstruction, removal, demolition or alteration of any structure or other feature. In any proceedings for an offence under the 2000 Act, the onus of proving the existence of any permission granted is on the defendant.  Whereas in other remedies for unauthorised development action is always taken by the planning authority, in the case of Injunctions application can be made to the Courts by anybody.

 Proceedings for offences under the 2000 Act must be taken within seven years of the commission of the offence or from the expiry of the relevant planning permission.