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Under planning legislation any development which is not specifically exempt development requires planning permission and development which does not have that permission is unauthorised development, as is development which has been, or is being, carried out in breach of conditions specified in a planning permission.
Section 151 of the Planning and Development Act 2000 (as amended) states that any person who has carried out or is carrying out unauthorised development shall be guilty of an offence which can carry very serious penalties.
To ensure that the integrity of the planning system is maintained and that it operates for the benefit of the whole community, the Council will take enforcement action in cases of unauthorised development, where it is appropriate to do so, consistent with the provisions of Part VIII of the Planning and Development Act 2000 (as amended).
In carrying out its enforcement functions, the Council may issue Warning Letters and/or Enforcement Notices or take injunctive proceedings pursuant to Section 160 of the Planning and Development Act 2000 (as amended). Proceedings for non-compliance with an Enforcement Notice will be taken in the District Court in most cases. However, where appropriate, injunctions will be sought in the Circuit Court or High Court. In all cases involving legal proceedings the Council will seek to recover its costs, in addition to any fines imposed by the courts.