What is Unauthorised Development?
Unauthorised development relates to developments and/or uses that are in breach of the planning laws. The Legislation states that "Any person who has carried out or is carrying out unauthorised development shall be guilty of an offence". Fingal County Council have a resposibility to ensure enforcement of the planning laws-also known as Planning Enforcement.
A development is unauthorised when :-
- Planning permission is required and has not been obtained.
- Planning permission was granted but the development is not being carried out in accordance with the plans lodged or conditions of the planning permission granted.
- It does not comply with all the conditions and limitations to qualify a development as exempt.
What is exempted development?
Exempted development is development for which planning permission is not required. Generally, it includes developments of a minor nature such as:-
- Building of an extension, shed, garage, boundary walls etc. within the curtilage of a dwelling house subject to conditions and limitations (see below) and not restricted by a condition of a planning permission,execption in the case of a protected structure and or in a Architectural Conservation Area.
- Works that affect only the interior of a structure,exception in the case of a protected structure and or an Architectural Conservation Area.
- Works that do not affect the external appearance of a structure,exception in the case of a protected structure and/or streetscape
- Some changes of use. execpt in the case of a protected structure.
Full details of exempted development provisions including conditions and limitations is contained in Schedule 2, Part 1 of the Planning and Development Regulations 2001, S.I. 600 of 2001 which is available on www.irishstatutebook.ie.
Persons living in new or recently constructed housing estates should check the planning permission for the development as sometimes conditions are applied specifying the need for the planning permission for development that would normally be considered exempted development, e.g. fences around front gardens which are intended to be open plan.
How do I check if planning permission has been granted for a development?
You can inspect the Planning Register in the Planning Department. Planning Lists. Drawings can be viewed at the Planning Public Counter.
If I have breached the planning laws unintentionally what should I do?
If you think you may be in breach of planning laws you should contact Fingal County Council's Planning Department to discuss the steps you need to take to rectify the situatation.
Making a complaint
How do I make a complaint?
Under the Planning and Development Act 2000 as amended a complaint must be made in writing, and can be sent to the following address:-
,
Environment Business & Economic Development Dept.
Inspectorate Division,
Fingal County Council,
County Hall,
Main Street,
Swords,
Co. Dublin.
Alternatively you can email your complaint to: mailto: inspectorate@fingalcoco.ie
What information do I need to provide when making a complaint?
The location of the site, details of the suspected breach, any details you have regarding the owner or occupier of the property, the date the development began, your name and address and daytime contact telephone number.
Is my complaint confidential?
Your name and address will be treated in strictest confidence by Fingal County Council. You should note that under the Freedom of Information Acts a copy of a complaint can be sought. Fingal County Council's policy is to withhold the name and address of complainants. This could in circumstances be over-ruled by the information commissioner.
What actions will be taken when my complaint is received?
An acknowledgement will be issued, The complaint will be referred to the Planning Inspector and a site inspection will take place. Further actions will be authorised following receipt of the Planning Inspector's report.
How long will it take to investigate my complaint?
Written complaints must be investigated within 6 weeks.
What are the statutory time limits for taking enforcement action?
Under the Planning and Development Act 2000 as amended if the development commenced on or after the 11th March, 2002, the time limit is 7 years. Action must be taken within five years if the unauthorised development/use commenced prior to that date.
Note: This guide does not purport to a legal interpretation of the provisions of the Planning and Development Act, 2000 as amended and the Planning and Development Regulations 2001.
IMPORTANT : ANONYMOUS/VERBAL COMPLAINTS CANNOT BE INVESTIGATED
Planning Enforcement Questions
