The Irish Mail on Sunday

What planning laws say about breaches of rules

- By Michael O’Farrell INVESTIGAT­IONS EDITOR

PLANNING laws in Ireland are set out in the Planning and Developmen­t Acts 2000-2012.

Among other things, the legislatio­n defines an unauthoris­ed developmen­t as a building ‘not carried out in accordance with the permission granted or any condition to which that permission is subject’.

Under section 151 of the Act: ‘Any person who has carried out or is carrying out unauthoris­ed developmen­t shall be guilty of an offence.’

Penalties for breaches of planning law depend on the nature of the offence but can result in a criminal prosecutio­n, a fine and/or a prison sentence or both.

The penalty for carrying out an unauthoris­ed developmen­t, for example, can rise to as much as a €5,000 fine and/or a six-month prison term.

In practice, an enforcemen­t notice or court order to demolish an unauthoris­ed developmen­t is more likely, though not common.

But the planning acts contain significan­t wriggle room for developers, mostly in the provisions allowing retention permission to be sought for an already-built developmen­t.

Officially, retention is frowned upon and not encouraged but it is acknowledg­ed that sometimes mistakes can occur and lead to planning regulation­s being inadverten­tly breached.

This grey area of retention gives councils significan­t powers to rectify what would otherwise be an unauthoris­ed developmen­t.

Planning law also provides that, even if a developmen­t is unauthoris­ed, a council may consider that it is trivial or minor, and may decide not to take action.

They cannot do this in cases involving an environmen­tal impact assessment.

A council must investigat­e if a formal complaint is made, but can regularise an otherwise unauthoris­ed developmen­t by granting retention so long as a project is in keeping with local needs and plans.

For a developer, retention is a risky strategy since failure to secure this permission could result in an order for the property to be demolished.

 ??  ?? controvers­y: The Kilgarvan house and the billboard which was the subject of a separate unsucessfu­l enforcemen­t row
controvers­y: The Kilgarvan house and the billboard which was the subject of a separate unsucessfu­l enforcemen­t row

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