COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 14, 2010

QUESTION NO.16

QUESTION: Councillor W. Lavelle

To ask the Manager to outline the policy of the Planning Department with regards requests for meetings with parties who have been issued with statutory warning letters or planning enforcement notices?

REPLY:

A Warning Letter states that it has come to the attention of the planning authority that unauthorised development may be, or may have been carried out, describes the nature of the alleged unauthorised development, and invites the person to whom the letter issued to respond to the allegation. If the recipient of a Warning Letter wishes to regularise the matter at this stage by removing the unauthorised development, or applying for planning permission for retention, and if a meeting is necessary for clarification, advice, guidance etc. it will be facilitated, and may take the form of a pre-planning consultation.

When an Enforcement Notice has been served, it indicates that the planning authority has formed the view that unauthorised development is being and has been carried out. This is the first formal step in proceedings which may finish up in court, and the issue at this point is whether or not the person on whom the notice was served complies with the requirements specified in the Notice. If a meeting is required to discuss methods of compliance with the requirements of the Notice, then such a meeting will be facilitated.

Many of the issues that arise in Planning Enforcement, as in Planning matters generally, can be dealt with expediently by phone or email, but if a meeting is the best option it will be facilitated as outlined above.

 It should also be noted that it is common for persons who have carried out or are carrying out unauthorised development to discuss matters on site with the Planning Inspector during the course of his inspection.