COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE

Monday, April 26, 2021

MOTION NO.6

MOTION: Councillor T. Costello

Can Planning Enforcement outline what actions can be taken against existing shopfronts in the Tallaght Village ACA area that are not Historic in appearance or in line with ACA's.

REPORT:

Commencing an enforcement complaint:
To initiate a planning enforcement investigation, a completed planning enforcement complaint form is required. A planning enforcement complaint form can be downloaded from our website www.sdcc.ie. Services > Planning > Enforcement. This complaint form is required to meet the Council's legislative obligations but is also a critical part of the process, designed to safeguard the confidentiality of your personal information. It is our policy to keep the name of the complainant confidential both during the course of any enforcement proceedings and afterwards when the case is completed. However this information may subject to the provisions of the Freedom of Information Act 1997 (as amended) and accordingly may be subject to disclosure with the identity of complainants redacted by South Dublin County Council. In exceptional circumstances, this information may be subpoenaed by a Court. Anonymous complaints cannot be considered by planning enforcement.

The complaint form can be submitted directly to the planning enforcement department via post or e-mail (planenforcement@sdublincoco.ie.). The complainant should describe in detail on the complaint form the alleged unauthorised development, or in the case of alleged non-compliance with conditions of a planning permission the complainant should identify the planning application reference number which is being breached using the Council's online mapping system available at >Services >Planning >Planning Applications >Search and View.

The mechanisms at the planning authorities disposal are set out in the Planning and Development Act 2000 (as amended). A development which is in breach of the conditions of its planning permission or failed to obtain planning permission (not exempted development) is classed as unauthorised development. When a planning authority receives a complaint in relation an alleged unauthorised development or non-compliance with planning conditions, the matter is investigated. The planning authority can decide that the complaint is frivolous or without substance. The planning authority alone has the discretion to decide this having regard to the current planning legislation/regulations.
Where a complaint is found to be valid, the planning authority may issue a warning letter, served under section 152 of the Planning and Development Act 2000 (as amended). A warning letter must issue within 6 weeks of receipt of a valid compliant. The respondent has 4 weeks to submit their response. On receipt of the submission, the planning authority will decide if further enforcement action is warranted. An enforcement notice issues under Section 154 of the Planning and Development Act 2000 (as amended). The Enforcement notice is a legal document which details the expectations of the planning authority to the landowner on how it expects the development to be rectified / regularised. Failure to comply with an enforcement notice is a criminal offence and may result in legal proceedings being initiated.

It is vital to note that unauthorised development can gain immunity (statute barred) from enforcement action over time (7 years).