2024 Planning Development Enforcement Quiz

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Questions and Answers

What is the purpose of a Warning Letter issued by the Enforcement Authority?

To grant planning permission to the developers.

To impose immediate penalties on the developer.

To inform about potential enforcement action and provide a chance for written submissions. (correct)

To communicate the final decision on a planning complaint.

Under what conditions can an Enforcement Authority issue an Enforcement Notice?

Only if the development is classified as major.

After conducting an in-depth site investigation.

Without first serving a Warning Letter if it is urgent. (correct)

After receiving a formal complaint from the public.

What is the timeframe within which an Enforcement Notice must be served after a Warning Letter?

Immediately upon receipt of submissions.

24 weeks following the investigation period.

6 weeks after the Warning Letter.

12 weeks after the Warning Letter or any notified extended period. (correct)

What happens if an individual fails to comply with the terms of an Enforcement Notice?

They commit an offence. Signup and view all the answers

What determines whether the Enforcement Authority will issue an Enforcement Notice after a Warning Letter?

Whether the development is trivial or minor and other compelling reasons. Signup and view all the answers

What is the main objective of enforcement under the PDA 2024?

To ensure compliance with planning permissions Signup and view all the answers

Who may apply to the court for an order to enforce planning regulations?

Any person, regardless of interest Signup and view all the answers

What discretionary power does the enforcement authority (EA) have?

To decide not to enforce based on resources and local impacts Signup and view all the answers

What is the generally accepted time limit for enforcement actions under PDA 2024?

7 years Signup and view all the answers

Under which section can an EA serve an enforcement notice?

s.348 Signup and view all the answers

Which of the following is NOT an exception to the 7-year limitation period?

Public opinion against development Signup and view all the answers

What action can an EA NOT take if it believes there is unauthorized development?

Disregard the situation completely Signup and view all the answers

Which case established the principle that every citizen is a watchdog for the public in planning enforcement?

Stafford & Bates v.Roadstone Signup and view all the answers

What is the legal consequence of failing to comply with an Enforcement Notice?

It is an offence, which may result in a fine. Signup and view all the answers

What time limit is generally applicable for the prosecution of unauthorized developments?

7 years. Signup and view all the answers

In which instance can an Urgent Enforcement Notice be issued without a formal investigation?

If a structure is at risk of demolition. Signup and view all the answers

What is a primary reason for withdrawing an Enforcement Notice?

Grant of planning permission makes it redundant. Signup and view all the answers

What does the term 'abandonment' refer to in the context of administrative enforcement?

Discontinuation of unauthorized use. Signup and view all the answers

What defense is available if specified steps under an Enforcement Notice are not taken?

Demonstrating 'all reasonable steps' were taken. Signup and view all the answers

What is a common outcome of non-compliance with an Enforcement Notice?

EA can enter and take corrective measures. Signup and view all the answers

Who can be held personally liable for carrying out unauthorized development?

Companies and officers of the body corporate. Signup and view all the answers

What does section 351 of the Planning Development Act provide regarding planning injunctions?

Unauthorised development can be required to cease or be restored. Signup and view all the answers

What is the new reverse onus of proof established under section 351(3)(g)?

The respondent must prove the existence of planning permission. Signup and view all the answers

What type of circumstances did the Supreme Court suggest should be present for granting a section 351 injunction?

Exceptional circumstances. Signup and view all the answers

Which factor is considered less significant by the court in terms of discretion when addressing compliance with EU law?

Nature of compliance with EU directives. Signup and view all the answers

What must not solely determine the refusal of a planning injunction application?

The granting of planning permission after proceedings have begun. Signup and view all the answers

In which case did the court consider the hardship to the developer while addressing planning injunctions?

Golden v. Westport UDC Signup and view all the answers

Which aspect is NOT a factor considered by the court in planning injunction cases?

Economic performance of the local community. Signup and view all the answers

What is a possible requirement for planning injunctions related to the unauthorized development?

Conformity with previous planning permissions. Signup and view all the answers

What is the maximum daily fine imposed after conviction for an unauthorized structure under the specified regulation?

€15,000 Signup and view all the answers

Who is permitted to apply for a planning injunction according to the relevant statutory provision?

Any person, regardless of interest Signup and view all the answers

What is the significance of a rebuttable presumption of non-exemption in prosecutions?

The burden of proof shifts to the defendant to demonstrate exemption. Signup and view all the answers

What could be a possible penalty for an unauthorized structure conviction on indictment?

A fine not less than the estimated cost of construction or €15,000, whichever is lesser Signup and view all the answers

Under s.10, which circumstance allows a stay or adjournment in prosecution proceedings?

Filing a declaration or applying for a prohibitive presumption only under special circumstances Signup and view all the answers

What is the default position regarding liability for costs in civil proceedings?

Each party pays its own costs. Signup and view all the answers

Which circumstances allow the court to depart from the special costs rule in planning injunction proceedings?

Exceptional circumstances as specified by law. Signup and view all the answers

What time limit is applied for failure to comply with a s. 351 order?

7 years Signup and view all the answers

Under what condition is planning permission not required in relation to enforcement notices?

If the notice is issued under s. 351(7). Signup and view all the answers

What does the Aarhus Convention Art 9(4) emphasize regarding costs?

Costs should not be prohibitively expensive. Signup and view all the answers

What is the general rule regarding costs in court proceedings?

Costs follow the event unless there are exceptional circumstances. Signup and view all the answers

What does the s. 351(7) specify regarding costs for a planning injunction?

The court must order costs unless substantial reasons are provided. Signup and view all the answers

What does the Environment (Miscellaneous Provisions) Act 2011 aim to implement in relation to environmental law?

A ban on prohibitive costs in environmental law enforcement actions. Signup and view all the answers

Study Notes

Enforcement in Planning Law

Enforcement, Part 11, sections 346-357 of the Planning and Development Act 2024
Any person carrying out unauthorized development is guilty of an offense (section 347 PDA 2024)
Enforcement methods are administrative (by enforcement authority) or judicial (by court order)

Effectiveness of Planning Legislation

Planning legislation's effectiveness relies on a proper enforcement system
Objectives of enforcement include discontinuation of unlawful development, restoration of previous situations, and ensuring compliance with planning permission terms and conditions, and effective police regulatory requirements for planning.

Standing in Planning Lawsuits

Any person, regardless of interest, may apply to the court to enforce planning regulations
Examples include: Stafford & Bates v. Roadstone (1989) (citizen as watchdog for public), XJS Investments v. Dun Laoghaire (1986) (regarding planning permissions & conditions), and Dublin City Co v. Liffeybeat (2005 HC).

Discretion in Enforcement

Enforcement authorities (EAs) have discretion in taking enforcement action based on resources, local impacts, etc.
Courts have discretion in granting planning injunctions (under section 351 PDA 2024)

Time Limits for Enforcement Actions

Generally, 7 years is the limit for most enforcement actions
Exceptions: Unlicensed quarry development or peat extraction where permission has been granted, and any condition related to a planning permission.
Proceedings commenced or enforcement notice served before expiry of the time period are presumed valid unless proven otherwise by the defendant.

Functions of Enforcement Authorities

General provisions (section 348) detail the powers and responsibilities of enforcement authorities
EAs may serve enforcement notices (with obligations of section 348(3)), apply for planning injunctions, or initiate summary proceedings for offenses under Part 11
Investigation of suspected unauthorized development, informal investigation and/or warning letters can be issued.

Administrative Enforcement (Warning Letters)

In cases of unlawful developments, the enforcement authorities (EA) must investigate and send a warning letter within the specified period (usually 6 weeks).
The warning letter identifies land and development, warns of enforcement actions (inspections, penalties, costs), and permits written submissions.
The warning letter may be given to any person associated with the land, regardless of their interest in the land

Administrative Enforcement (Enforcement Notices)

Enforcement authorities are not permitted to issue an enforcement notice before serving a Warning Letter to the owner/interested parties, unless there is urgent cause
Enforcement notices (section 350) must be served as soon as possible (within 12 weeks), with investigations and considerations of objections
Courts have discretion to not issue enforcement notices based on trivial or minor issues, or outside the time limit

Enforcement Notice Details

Enforcement notices are served according to section 350 and general provisions (section 348).
The day the enforcement notice is served is when it takes effect
Any failure to comply with an enforcement notice is an offense (section 350 (9))
Enforcement authorities can extend the compliance period if they're satisfied that the recipient has taken reasonable steps, and are reasonable within those circumstances
If the authority learns that another person is involved in the development after service, the notification period can be extended.

Decision for Enforcement Notices

Decisions made regarding enforcement notices (with reasons) are recorded and written to all relevant parties on the planning register.

Administrative and Judicial Enforcement Notices - other considerations

Administrative enforcement notices have strict requirements. Dundalk Town Council case and formal record of decision and reasons are examples. Enforcement authorities cannot unreasonably exceed the scope of their powers (Dublin City Council v Benqueues Ltd)
No statutory appeal is available for recipients of notices besides a Judicial review.

Judicial Enforcement

Prosecution procedure for unauthorised development/non-compliance (section 347) involves fines for various levels of offenses from summary offences (within 6 months) to indictment (within 7 years).
If an accused is convicted of offences relating to land, costs are normally payable
Restrictions and special circumstances, regarding staying action, are noted
Planning injunctions (section 351) can be applied, requiring the correction of unauthorised development. (Sligo Co v. Cartron Bay Construction Ltd, Dublin Co Co v. Elton Homes and others. ) The court has wide discretion to grant a s. 351 injunction but the Supreme Court suggests that there should be exceptional circumstances

Planning Injunction Details

The court can order works in relation to the unauthorised development(s)(for example, restoration to a previous state, or removal or demolition)
The onus of proving planning exemptions or the existence of planning permissions (PP) rests on the accused. (Reversal of onus of proof)
Planning injunctions can apply if there is compliance with EU laws or there are exceptional circumstances.
The seven-year time limit for prosecution.

Permission Not Required Under Part 11

Planning permission is not required for work if it's stipulated in an order or enforcement notice (for example, section 351(7))

Cost Determination for Injunctions

Costs usually follow the outcome of a case, but exceptional circumstances may lead to a different decision on costs.
Special costs rules apply to specific types of cases (e.g. Environment (Miscellaneous Provisions) Act 2011 and Aarhus Conventions). The cost rules must reflect those standards

New Legal Costs Framework for Aarhus Cases

A new framework under Part 9 of the PDA 2024 governs costs related to Aarhus cases.
Fees under this framework govern how costs are determined
The framework involves a scale of fees depending on who is the successful applicant

Designated Regional Enforcement Authority

The Minister can designate a planning authority as a regional enforcement authority related to the size, nature or effect of the development in surrounding areas.

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Description

Test your knowledge on the enforcement procedures under the Planning and Development Act (PDA) 2024. This quiz covers key concepts such as Warning Letters, Enforcement Notices, and the powers of the Enforcement Authority. Prepare to challenge your understanding of planning regulations and enforcement actions.