Planning Law Enforcement Overview

Any person carrying out or planning to carry out development without permission is breaking the law.

The process of ensuring that development complies with planning regulations through administrative and judicial actions.

To stop unlawful development, restore the previous situation, ensure compliance with planning permission terms, and act as a deterrent.

Anyone can apply to court for an order to enforce planning regulations, regardless of their interest.

Both the enforcement authority and the courts have discretion in deciding how to enforce planning regulations.

Generally, there's a 7-year time limit for taking enforcement action.

Certain developments, like quarries or peat extraction, or violations of planning conditions, extend the time limit beyond 7 years.

The enforcement authority has the power to serve enforcement notices, seek court injunctions, and prosecute offenses related to unauthorized development.

A person who has built an unauthorised structure can be convicted summarily and fined an amount no less than the estimated cost of construction or €2,500, whichever is lesser.

A person who has built an unauthorised structure can be convicted on indictment, resulting in a fine no less than the estimated cost of construction or €15,000, whichever is lesser.

A legal tool under the Planning and Development Act that allows the Planning Authority or any individual to apply to the High Court for an injunction to prevent or stop unauthorized development.

Anyone, including the Planning Authority or an individual, has the right to apply for a planning injunction, regardless of their interest in the development.

The Court can issue various orders under a planning injunction, including restoration of the site, demolition of structures, or preventing any future construction.

A legal document served by the Enforcement Authority (EA) requiring the developer to stop or rectify unauthorized development.

Enforcement Notices must be strictly construed (interpreted literally) and a formal record of the decision and reasons must be kept on the planning register.

The EA can extend the deadline for complying with an EN if the developer has made reasonable efforts to comply and the extension is reasonable in the circumstances.

The EA cannot require steps that are not necessary to remedy the unauthorized development. They cannot "over-enforce."

A person who receives an EN can challenge it through Judicial Review (JR) if there's a procedural breach or the decision was irrational. However, there is no statutory right to appeal to a commission.

Development carried out without planning permission is immune from enforcement action after 7 years, except for certain types of development.

A planning authority can withdraw an EN if it no longer serves a useful purpose or for other compelling reasons.

Failure to comply with an EN is an offense. The planning authority can take steps to ensure compliance, including entering the land and taking action.

There is a 7-year time limit for prosecuting breaches of ENs, with exceptions for certain types of development.

In urgent situations, the planning authority can issue an EN without a formal investigation or warning letter.

Carrying out unauthorised development or failing to comply with an EN is an offense that can be prosecuted in court.

Companies and their officers can be prosecuted for planning offenses if they consent, connive, approve, or neglect to comply with planning requirements.

A formal document issued by the Environmental Agency (EA) warning a person about potential enforcement action for unlawful development. It provides information about the violation, potential penalties, and an opportunity to make written submissions.

A Warning Letter is required before an Enforcement Notice is issued, unless the situation is considered urgent, according to the Planning and Development Act (PDA) 2024. It's also required when there is a planning complaint about unlawful development.

The EA must investigate the situation, consider all relevant factors, and ensure sufficient time has passed since the warning letter before issuing an Enforcement Notice. The notice will specify what actions must be taken to comply with planning regulations.

Failing to comply with an Enforcement Notice is an offense, according to the Planning and Development Act, and can lead to further legal action, including penalties.

The EA considers various factors, such as the seriousness of the development, the potential environmental impact, and the time elapsed since the Warning Letter when deciding whether to issue an Enforcement Notice.

In a planning injunction case, the burden shifts to the developer to prove either a planning permission exists or that the development is exempted from requiring planning permission. This is in contrast to the usual rule where the plaintiff needs to prove their case.

A planning injunction can be granted at the court's discretion. The court considers various factors, including the impact on the applicant and developer, the public interest, and any breach of EU law.

When considering a planning injunction, the court may consider whether the breach is minor or insignificant (trivial). This can be a factor in deciding whether to grant the injunction.

The court has less discretion in applying planning injunctions when there is a breach of EU law, for example, in cases related to Environmental Impact Assessment (EIA) or the Aarhus Convention (AA).

The court considers the broader impact on society when deciding whether to grant a planning injunction. This can involve factors such as the health of the public, the environment, and employment.

The court considers the behavior of the person seeking the injunction, including whether they have been delaying the process or have ulterior motives.

While courts generally have wide discretion, some situations may necessitate withholding relief, such as when 'exceptional circumstances' justify it.

The provisions related to planning injunctions are interpreted strictly by courts, meaning the law is applied precisely as written.