PrintEnforcement (Unauthorised Development)
Unauthorised Development
Where development works, which are not exempted development are carried out on a site without the benefit of planning permission, they are unauthorised development.
If a development is carried out which is not in compliance with the terms (drawings, site layout etc) or the conditions of the planning permission granted for the development, it is considered to be unauthorised development.
The Enforcement Unit of the Planning Department was established in September, 2001 and this was followed by the coming into operation of the Enforcement Provisions (Part VIII ) of the Planning and Development Act, 2000. This has resulted in a marked increase in activity by the Council in the whole area of unauthorised development and compliance with planning law.
Where such unauthorised development comes to the attention of the Planning Authority, the Planning Authority will investigate the matter by conducting a site visit and examining the planning history of the site and may serve a warning letter or an Enforcement Notice.
In the majority of cases the notices are complied with to the satisfaction of the Council. However, in the event of failure to comply the developer can find themselves facing an action by the Council in the District Court or Circuit court. The penalties for offences have been increased under the Planning and Development, Act 2000 and the Court may order a convicted person to comply with the enforcement notice and to pay a fine and costs. In serious cases, the Council will consider taking an injunction in the Circuit Court or the high Court against the developer.
In general, the Council has noticed an increased awareness by developers of the Council’s actions in ensuring adherence to the planning code, resulting in a more compliant environment.
Making a Complaint
If you think that a development is unauthorised, you may submit details in writing to the Enforcement Unit, Economic Development & Planning Department, Clare County Council, Áras Contae an Chláir, New Road, Ennis, Co. Clare. You can use the complaint form to submit those details. Such complaints are treated confidentially.
Development Complaint Form
This form is used to notify the council of any unauthorised developments:
- Development Complaint Form [PDF, 13KB]
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