Planning Enforcement
Planning enforcement is the process by which Local Authorities ensure that developments are carried out in accordance with granted planning permissions, conditions, and relevant planning laws.
Common issues leading to Planning Enforcement action are:
- Unauthorised Developments - construction, alteration, or use of land or buildings without the required planning permission
- Non-compliance with Planning Conditions - failure to adhere to the conditions attached to a granted planning permission.
- Unauthorised Change of Use - changing the use of a building or land without obtaining the necessary permission.
Planning Enforcement action can include:
- Warning Letters - this is a letter to an alleged offender regarding a possible breach of Planning law. The alleged offender may then make a submission to the Local Authority. The Local Authority will then assess if an actual breach of Planning law has occurred.
- Enforcement Notices - if a breach of Planning law is identified, the authority may issue an enforcement notice to the person responsible for the breach. This notice will detail the nature of the breach, the steps required to remedy it, and the timeframe within which these steps must be taken.
- Legal Action - failure to comply with an Enforcement Notice can lead to legal action and prosecution. This can result in fines or, in extreme cases, imprisonment.
Making a Planning Enforcement complaint:
The Planning Authority welcomes written complaints from persons who are concerned about possible unauthorised developments. Such complaints can and do serve a valuable role in the identification and control of breaches of Planning law.
If you have observed a possible breach of Planning law and wish to make a complaint you can complete a Planning Enforcement complaint form and submit it to the Planning Enforcement section of Wexford County Council by post or by email at planenf@wexfordcocoie A Planning Enforcement complaint form can be accessed here:
Planning Enforcement Complaint Form
If you would prefer that we email or post you a complaint form please contact us at planenf@wexfordcoco.ie or call Planning Enforcement at 053 9196043
Under Planning Legislation and due to possible criminal proceedings being initiated as a result of complaints received, the Planning Authority must ensure that all complaints are received in writing. We appreciate your co-operation in completing a Planning Enforcement complaint form. When completing the complaint form please complete as many sections as possible and please provide an address or clear location for the possible offence. The complaint form must be signed by the complainant.
Where the Planning Authority determines that a written complaint is vexatious, frivolous, without substance/foundation, trivial or of a minor nature, further enforcement action will not proceed.
The Council will endeavour to maintain as confidential any complaints made to it in confidence and in good faith. The Council cannot however, give absolute guarantees on this as requests under the Freedom of Information Act can be appealed by requesters to the Information Commissioner.
Office of the Planning Regulator
The Office of the Planning Regulator can provide further details regarding Planning and Planning Enforcement in Ireland. The OPR guide to Planning Enforcement can be found here A Guide to Planning Enforcement in Ireland
Exempted Development:
Exempted development is development for which planning permission is not required. Categories of exempted development are set out in planning law. There are usually certain thresholds relating to, for example, size or height. Where these thresholds are exceeded, the exemptions no longer apply. The purpose of exemption is to avoid controls on developments of a minor nature, such as small extensions to houses. Further information regarding Exempted Development is available on the Wexford County Council here Exempted Development | Wexford County Council
If Planning is required always apply for planning permission before commencing any development. If in doubt as to whether a development requires planning permission, please consult a qualified Planning agent (such as an architect) or Wexford County Council Planning Department at Planning@wexfordcoco.ie Please ensure that all developments are carried out in accordance with granted permissions and any attached conditions.
For any further information you may require, please contact:
Planning Enforcement
Wexford County Council
Carricklawn
Wexford Y35 WY93
planenf@wexfordcoco.ie or 053 919043