What happens if you breach a planning condition?
Enforcement generally However, failure to comply with a planning enforcement notice is a criminal offence, which carries with it the risk of heavy fines and ultimately imprisonment. A failure to comply with a condition of a planning permission may be enforced against by a breach of condition notice.
Can you be fined for breaching planning permission?
Criminal Enforcement The carrying out of works or a change of use without planning permission is a criminal offence. This may arise if works are carried out without planning permission or in breach of planning permission. Continuing fines apply every day on which the offence continued.
What happens if you don’t follow planning conditions?
However, people who do not get the necessary planning permission for something they are doing risk the possibility of serious consequences from enforcement action that can be extremely costly, and failure to comply with an enforcement notice can result in court action and legal penalties.
Who is responsible for breach of planning condition?
Consequences Of A Breach Of Planning Condition The Breach of Condition Notice is served on the person responsible for causing the breach, usually the developer, or on the person with control of the land.
Is a planning breach a criminal Offence?
A breach of planning control is not usually a criminal offence, however, carrying out unauthorised works to a listed building, the unauthorised display of advertisements or damage to a protected tree may involve a criminal offence.
What is the 7 year rule in planning?
The so called “7 Year Rule” derives from Section 157(4) of the Planning and Development Act, 2000 which says that the local authority may not serve an enforcement notice or take proceedings for an unauthorised development after 7 years have commenced since the unauthorised development commenced.
How do I report a breach of planning permission?
What should I do if I think that there is a breach of the Planning Regulations? You should submit a Planning Enforcement Complaint Form to the Planning Enforcement Section. Contact details are: Planning Enforcement Section, Fingal County Council, County Hall, Main Street, Swords, Co Dublin.
Can planning conditions be removed?
As some readers will know you can remove a condition from a planning permission, by making a “section 73 application” to the local authority, paying a fee – and waiting around for a decision. It is an entirely new, standalone planning permission. The conditions that burdened the original consent need to be re-stated.
How long can planning be enforced?
Enforcement action must be taken within 4 years in relation to the erection of buildings, and within 10 years in relation to changes of use (unless it relates to the change of use to a dwelling), and breaches of conditions. There is no time limit for the enforcement of breaches of listed building legislation.
How to report a planning breach in Northern Ireland?
Depending on the type of breach, the council may serve: To report a planning breach in your area, you should write to the council’s planning office and include: Planning offices in Northern Ireland The council will investigate complaints about breaches of planning control and may carry out a site visit.
Is there a Planning Act in Northern Ireland?
For further information see the Editorial Practice Guide and Glossary under Help. There are currently no known outstanding effects for the Planning Act (Northern Ireland) 2011, Section 132. Revised legislation carried on this site may not be fully up to date.
Where can I appeal a planning enforcement notice in Northern Ireland?
All appeals in Northern Ireland are handled by the Planning Appeals Commission (PAC). They’r independent of government departments and agencies. Your right to appeal a notice If you have been served with an Enforcement Notice, or are the owner or occupier of the land which is the subject of the notice, you have a right to appeal.
How is an enforcement notice served in Northern Ireland?
If you breach planning control, the council or DfI may serve an Enforcement Notice. All appeals in Northern Ireland are handled by the Planning Appeals Commission (PAC).