Legislation introduced under both the Planning & Development Acts, 2000 as amended and the Planning & Development Regulations, 2001 as amended, has put a greater onus on Planning Authorities while also giving them greater powers to take action against developments of an unauthorised nature.
Carrying out unauthorised development is an offence and anyone who has undertaken unauthorised development may be subject to enforcement proceedings. Enforcement is therefore the means by which the Planning Authority ensures that unauthorised development becomes compliant with planning law.
Enforcement proceedings can be taken where developments are not or have not been developed in accordance with the terms of the Planning Permission granted. Action can also be taken in respect of exempted development if such development does not comply with all the conditions and limitations attached to the mentioned class of exempted development.
One of the consequences of having unauthorised or non-compliant development is the costs of remedying such development from a planning viewpoint. Retention fees and Development Charges are due to Kilkenny County Council as a result of action taken under Enforcement. Problems also arise during the sale or transfer of property on which Enforcement action has been taken.
In certain circumstances the Planning Authority may decide that a complaint is frivolous or without substance. Upon receipt of a valid complaint the Planning Authority will investigate the matter which may include site inspection/s and follow-up enquiries together with issuing statutory notices.
If you wish to make a valid complaint regarding unauthorised development in your area, please complete the complaint form (see link below) in full and return either via email to Planning@kilkennycoco.ie or via post to Planning Section, Kilkenny County Council, John Street, Kilkenny.
Please note that it is not the policy of Kilkenny County Council to investigate anonymous complaints.
Enforcement Complaints Form.pdf (size 237.5 KB)
Enforcement Complaint Form Word Version.docx (size 42 KB)
For information on the Enforcement Procedure, please see the links below.
A Guide to Planning Enforcement in Ireland - DoECLG November 2012
A Guide to Planning Enforcement in Ireland – OPR and DHLGH Leaflet PL6