COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 09, 2026

QUESTION NO. 34

QUESTION: Councillor J. Sinnott

To ask the Chief Executive what specific powers (apart from issuing letters and site visits) does South Dublin County Council have to enforce planning conditions on a developer or builder such as working at hours that are outside the agreed times in the permission granted including the escalation procedures?

REPLY:

Unauthorised development and breaches of planning conditions are criminal offences, and there is a strong, escalating enforcement regime set out in the Planning and Development Act 2000, as amended, which requires developers to comply with planning permissions and conditions.

A S. 152 Warning Notice commences investigation of alleged breaches and gives the developer an opportunity to respond.  The response / lack of response determines the next course of action.
 
A S. 154 Enforcement Notice requires a developer to do any of the following:
Where a breach is serious and urgent, it may be necessary to bypass certain steps and issue an enforcement notice immediately. 

Breaches of planning law or failure to comply with an enforcement notice are criminal offences and developers may be prosecuted in the District Court.

A S. 160 injunction is a very powerful tool whereby the court can order the developer to cease activities, secure compliance, remove unauthorised works, or restore the site.  Failure to comply with this order can result in attachment, sequestration or imprisonment for contempt.   It is important to be aware that while Section 160 injunctions exist, and that while they are powerful, they are not taken frequently and are used only selectively, in very serious, urgent, or high-impact planning breaches.