Illegal Planning Development

If you wish to report an unauthorised development which is taking place please complete the Unauthorised Complaints Form and return it to County House, Lifford, Co. Donegal or email it to planning@donegalcoco.ie

Introduction

The Planning Authority, in accordance with the statutory requirements under the Planning & Development Acts, 2000-2010 will seek to prevent unauthorised development.

Unauthorised Development

Unauthorised development is where development is carried out without having received the appropriate permission or development not being carried out in compliance with the permission issued.

Functions

The Planning Authority follow up on all written complaints of unauthorised development.

Enforcement Notice Procedure

• A Warning Letter to be issued within 6 weeks from receipt of representation.  This may be issued where an unauthorised development is being, may have been, or may be carried out. 
• Planning Authority to decide whether to take enforcement action. 
• Enforcement Notice, to be issued within 12 weeks from the date of issue of the Warning Letter. 
• Follow up to compel compliance with the Notice (if necessary).

Penalties for Offences

Section 156 of the Planning and Development Act 2000 (as amended) stipulates the penalties for offences which are as follows

on conviction on indictment, to a fine not exceeding £100,000,000, or to imprisonment for a term not exceeding 2 years, or to both, 

                or

on summary conviction, to a fine not exceeding £5,000.00, or to imprisonment for a term not exceeding 6 months, or to both.

Proceedings for offences under this Act shall not be initiated later than 7 years from the date on which the offence concerned was alleged to have been committed.