COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE

Tuesday, May 09, 2017

HEADED ITEM NO. 19

New Developments - Enforcement of Planning Conditions

In the context of the number of building developments taking place, the relatively low number of enforcement complaints relating to non-compliance with planning conditions reflects a general adherence to planning conditions.

Planning enforcement is a statutory process relating to indictable offences carrying a potential criminal conviction. The evidence and witnesses requirements for prosecution are quite onerous as a result

The procedure for Planning Enforcement can be summarised as follows:

• Receipt of formal complaint from an identifiable complainant. (Anonymous complaints cannot be accepted)
• Establish identity and address for all owners and occupiers, or any other legal interest in the property or location.
• Section 152 Warning Letter issues to all owners and occupiers, or any other legal interest in the property or location identifies.   Wait 4 weeks for submissions on all Warning Letters issued
• Create an enforcement file and refer to Planning Inspector all submissions on all Warning Letters issued and request an inspection to establish evidence of any alleged unauthorised development
• Site inspection carried out to establish facts (witness and evidence of any alleged unauthorised development) and prepare a report with recommendation(s).
• If no unauthorised development exists or cannot be established close file and inform complainant (lack of evidence).
• If any unauthorised development is witnessed the report outlines the nature of the unauthorised development (evidence) the steps required to regularise unauthorised development together with set time frame (required) and usually recommends the next action.
• If no warning letter submission was received and adequate evidence exists regarding the alleged unauthorised development, an Enforcement Notice is prepared.
• If submission is received which requires a response issue pre s154 letter setting out the exact nature of the unauthorised development witnessed the steps required to regularise unauthorised development together and a time frame to respond (usually 2 weeks)
• The report may include a recommendation for enforcement notice that negates the need for a further site inspection and further report
• Once date to comply with enforcement notice has expired a site inspection should be carried out as soon as possible
• If enforcement notice is complied with, close file and inform complainant.
• If enforcement notice is not complied initiate proceedings for court prosecution
• A further site inspection must be carried out as close to court date as possible
• Following court case do report based on pre court inspection to complete file and inform complainant.
• The complainant is written to when Section 152 Warning Letter issues, when Enforcement Notice issues, when we initiate court proceedings and when we close a file.

NOTE: Intermittent breaches of planning conditions can be difficult to witness

Short-term actions can be long discontinued before any prosecution of a complaint reaches a court hearing.

As a result it can be expedient to informally write to an applicant / developer to remind them of their obligation under the conditions of a permission being availed of.