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  • A Guide to Planning Enforcement in Ireland

    The Department of Environment, Community and Local Government published new guidelines on planning enforcement on 19th November 2012.

    The guidelines set out:

    •  some examples of the types of activity/development that might constitute breaches of the planning code;
    • the respective roles and responsibilities of the Department of the Environment, Community and Local Government and the planning authorities;
    • the procedures that planning authorities may adopt when taking enforcement action, including the remedies and sanctions available;
    • the process by which an individual can make a complaint about an alleged breach of the planning code;
    • the process by which someone can appeal against an adverse finding by a planning authority; and,
    • a short summary of the relevant legislative provisions.

     Interestingly the guidelines state that generally speaking, all documentation relating to enforcement actions should be readily available to all parties directly involved and to the general public. This would be considered unusual in my experience.  The guidelines do list exceptions to this general approach i.e. a possible court action; prevent possible intimidation) or where the planning authority exercises a discretion that sensitive personal data should not be disclosed.  In my view these caveats mean that it is unlikely that the current status quo will change.

    Published on November 30, 2012 By:David Mulcahy · Filed under: Planning Guidelines; Tagged as: ,
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