News
Warning letters should precede enforcement notices
West Cork County Council has ordered the demolition of an "unauthorised" holiday home in West Cork. The council signed an enforcement order last week, stating that all construction work must cease and the house should be demolished as planning permission has not been granted for its construction.
However, according to David Galvin, who purchased the property last year, the work carried out involves the repair and renovation of the existing farmhouse and is therefore an exempted development which does not require planning permission.
Mr Gavin has said that he did not receive this enforcement order from the council. It is also unclear if the property owner received any warning letters, which are a requirement of the Planning and Development Act, 2000. Section 152 of this Act states that "the planning authority must issue such a warning letter where a representation is made to it or where it becomes aware that unauthorised development may have been, is being or may be carried out".
Mr Galvin has stated that he has no intention of demolishing the structure. However, provided the Council has followed the necessary procedures prior to service of the Enforcement Notice, the homeowner may find himself in a difficult position. Mr Galvin may ultimately be forced to demolish the structure, if it emerges that he did not comply with the legislation regarding planning and development.
If you require further advice regarding planning applications, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form.
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