County Waterford, Ireland
Enforcement Frequently Asked Questions
What is Planning Enforcement?
What do I do if I want to make a complaint about a breach of planning permission?
Will my complaint be kept confidential?
What are the penalties for breaches of the planning laws?
What is the procedure that is followed?
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What is Planning Enforcement?
Waterford County Council has powers under the Planning and Development Act 2000-2006 to take enforcement action where development (either works or uses) is in breach of planning laws and is therefore, considered to be unauthorised.
This may be either development which was carried out without planning permission (other than exempted development) or development which was subject to a permission, but has not been carried out in accordance with the permission.
What do I do if I want to make a complaint about a breach of planning permission?
If you are aware of an unauthorised development taking place, you can fill out an unauthorised development complaint form which can be found at the public counter or online. You can also make your complaint in writing to the Planning Authority.
Will my complaint be kept confidential?
If requested, the name of the complainant and the letter of complaint can be kept confidential both during the course of any enforcement proceedings and afterwards when the case is completed. However this information is subject to the provisions of the Freedom of Information Act (1997) and, in exceptional circumstances, this information may be subpoenaed by a Court.
What are the penalties for breaches of the planning laws?
The penalties for breaches of the planning law depend on the nature of the offence, but may result in a fine and/or a prison sentence.
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What is the procedure that is followed?
On receipt of a complaint, it is entered into the complaints database. The Enforcement Officer carries out an inspection and, if necessary, issues a Warning Letter. The warning letter affords the developer an opportunity to make submissions to the Planning Authority in relation to the development.
If the development is deemed to be unauthorised and is not removed/remedied, the Planning Authority can issue an Enforcement Notice. This requires the development to undertake certain works, set out in a schedule of works, to remove/remedy the unauthorised development within a specified timeframe. The Planning Authority can issue an enforcement notice in certain cases, without first having to issue a Warning letter.
If the developer fails to comply with the Enforcement Notice within the specified timeframe, the Planning Authority can take the case to court.
