Planning Enforcement

The Kilkenny County Council Planning Enforcement Section are taking a most severe approach to non-compliance of planning permissions and/or unauthorised development in the County and are actively and aggressively pursuing cases of non-compliance.
Recent cases which have been successfully prosecuted are:


KCC -V- Michael Hennessy

Michael Hennessy of Hennessy's Garden Centre was fined €1,500 which with costs totals over €3,000 for non compliance of an Enforcement Notice served by the County Council related to planning conditions to a permission granted at the Garden Centre, Coolgrange, Clara, Co. Kilkenny.

The Enforcement Notice addressed amongst other matters fencing and landscaping along the front boundary and the preparation of a waste management plan for the operational phase of the development.
Mr. Hennessy failed to comply with the Enforcement Notice served on him and he was summonsed to attend the Kilkenny District Court on the 6th May 2008 where the case was heard.

The Judge ordered that Mr. Hennessy comply with the Enforcement Notice within two months and directed that the proceeds of the fine be paid to the County Council.


KCC -V- Michelle Leavy

Ms.Michelle Leavy was fined €1,100 which with costs totals over €2,900 for non compliance of an Enforcement Notice served by the County Council related to non compliance with planning conditions of a permission and two unauthorised structures at Oldtown, Ballyragget, Co. Kilkenny.

Ms. Leavy failed to comply with the Enforcement Notice served and was summonsed to attend the Kilkenny District Court on the 19th May 2008. Ms. Leavy pleaded guilty.
The Enforcement Notice addressed planning conditions relating to a first occupancy condition and the demolition of an existing dwelling. The Enforcement Notice also required the removal of an unauthorised stable and an unauthorised shed.

The Judge ordered that Ms. Leavy comply with the Enforcement Notice within three calendar months and directed that the proceeds of the fine be paid to the County Council.