COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 12, 2024

QUESTION NO. 38

QUESTION: Councillor F. Timmons

To ask the Chief Executive can the local authority refuse to enforce a condition set by An Bord Pleanála and if so is there a mechanism to appeal this decision?

REPLY:

Unauthorised development is any development that requires planning permission and does not have that permission, OR,  a development which is in breach of the conditions of its planning permission, granted either by the Planning Authority or An Bord Pleanala.

In general, when a planning authority receives a planning enforcement complaint regarding unauthorised development, it will carry out an initial analysis to consider the matter. Following this assessment the Council will consider if it is appropriate and necessary to take further action. This process will always involve an assessment by the planning enforcement team as to whether a difference from the approved application (or a condition) constitutes a material or unacceptable difference from the permitted application. Depending on the circumstances, the planning authority can decide that minor or non material differences may not require planning enforcement action to be taken. 

There is no opportunity to appeal such an enforcement decision to An Bord Pleanala, however, the option to progress a Judicial Review of any such decision could be open.