Unauthorised developments can land you in trouble
The planning system in Ireland is administered by local planning authorities in each county, with some larger counties, including Dublin and Cork, having more than one such authority, writes .
There is an appeal board, An Bord Pleanála, based in Dublin, which deals with all planning appeals, regardless of which authority granted or refused the original application.
Planning permission is required for any “development”, as defined in the various Planning Acts, and Regulations made under those Acts.
This article provides an overview of planning law in Ireland, in relation to unauthorised developments.
The Planning and Development Act 2000 was introduced for the purpose of modifying existing planning law and consolidating it into a single act.
The 2000 act is the main statute dealing with planning and development in this country.
An unauthorised development is essentially the carrying out of unauthorised works, such as the construction, erection, or making of any unauthorised structure.
A typical example would be the construction of a large shed or extension without planning permission.
Furthermore, the definition of unauthorised development also includes any unauthorised use of lands, such as quarrying.
An interesting case, in the context of carrying out an unauthorised development, is that of Wicklow County Council v Kinsella and Anor.
Here, Wicklow County Council, the applicant, applied to the High Court under the 2000 Act for an order to compel the first respondent to remove an unauthorised development of a chalet, which was the first respondent’s family home.
The case has an interesting perspective in that it disagreed with a previous High Court decision which had taken the view that the inviolability of the dwelling operated as a factor in its own right so as to preclude the demolition of an unauthorised development.
Mr Justice Nicholas J Kearns considered the underlying basis for planning laws in Ireland and stated that: “I believe in this case one must commence by considering why we have planning laws and why they must be enforced.
“In one sense, the reason is obvious.
“Without effective planning laws and adequate enforcement procedures to ensure compliance with them, anarchy would rule the roost with regard to all sorts of developments.
“Dangerous, unsuitable and haphazard developments would be likely, some of which might be constructed or established in locations where a single citizen could inconvenience neighbours, destroy areas of natural beauty, disrupt traffic and even undermine the capacity of the community to engage in normal social function and activities.
“In short, there would be nothing to stop a ‘free for all’ development culture from running riot.
“Take an extreme example: Might an individual create a structure overnight outside the GPO, bring in sleeping and cooking facilities, and claim thereafter that he is immune from removal as his ‘dwelling’ is ‘inviolable’ under Article 40.5 of the Constitution?
“I offer this example merely to highlight the levels of absurdity that may arise when the property rights of the individual, even when acting unlawfully, are seen in every instance to trump those of a democratic society which can only function when its constituent members are equally bound by rules which regulate matters such as planning and development.”
A person can be prosecuted in the district court for carrying out an unauthorised development and, if convicted, may be liable to a fine not exceeding €5,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or both.
If prosecuted in the Circuit Court, and, if convicted, a person may be liable to imprisonment for up to two years and/or a fine of €12,697,380.78.
On a practical note, compliance with planning laws is essential to ensure you have good and marketable title to your lands.
A farmer may easily find himself in a position where he is not able to sell or mortgage his lands because of a breach of planning permission.
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