COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 12, 2021

MOTION NO. 7

MOTION: Councillor P. Kearns

That this committee calls on the Chief Executive to fully implement all available mechanisms at his disposal to call to account developers that do not fully comply with their grant of planning permission. And that where there are protection orders on trees these sites will be inspected during the construction phase and building halted if the developer is in breach of the terms of the agreement.

REPORT:

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 is classed as unauthorised development.  When a planning authority receives a complaint in relation to non-compliance with planning conditions, the matter is thoroughly investigated. 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.

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 as well as the practicality of matters. If deemed necessary conditions are attached to the planning permission to retain certain trees.  These conditions are inserted at planning permission stage in good faith.  It may be discovered at a time thereafter that the tree is dying and is not fit to be retained. This report is usually conducted by an qualified independent arborist. It is best practice then for the planning authority to ensure a healthy tree is replanted.

Construction sites are generally not inspected by the planning authority. Building control in Ireland relies on self-certification of architects, engineers, surveyors or developers that construction complies with statutory requirements as set in in the Building Control (amendment) Regulations 2014.  The planning authority are not obliged to check the status of construction at any phase.

The enforcement process as set out under sections 152 and section 154 of the Planning and Development Act 2000 (as amended) does not prescribe for construction to be halted for non-compliance with planning conditions.