Enforcement is the means by which the planning authority ensures that unauthorised development becomes compliant with planning law. A development is considered to be unauthorised when:
- Planning Permission is required and has not been obtained.
- Planning Permission has been granted but the development has not been carried out in accordance with the plans lodged or conditions of the planning permission granted.
- It does not satisfy all the conditions and limitations so as to be considered as exempt development. (Click here for more information on exempt development PDF)
It should also be noted that issues of land ownership or encroachment onto property or boundaries are civil issues and not matters that Planning Enforcement can take any action upon.
How Do I Know If A Development Has Been Granted Planning Permission?
The most convenient way to do this by performing a search using our Online Planning Search system. You can access this search on www.eplan.ie or click here. You can inspect the Planning Register in the Planning Office either in person, by telephone (047 30532) or by email planning@monaghancoco.ie
It should also be noted some minor developments are exempt, and therefore do not require planning permission.
What Should I Do if I think that there has been a breach of Planning?
If you wish to report an unauthorised development, you may fill out the complaint form below, or make a complaint in writing to the Planning Enforcement Section, Planning Office, No. 1 Dublin Street, Monaghan, Co. Monaghan, H18 X982.
Monaghan County Council Enforcement Complaint Form 2024 (PDF)
Please include the following information:
- Exact location of the site, eircode etc. (a site location map if possible).
- Details (where known) of the property owner/occupier/developer,
- Details of the suspected breach,
- Date the development commenced
- Photographs where possible
- Your own name & address and a daytime contact number.
The planning authority may wish to clarify elements of your complaint and/or get advice on locating the development or the specifics of the case. (Anonymous complaints may limit the scope of the investigation process.) Your contact details will be kept confidential. However, data held by this planning authority is subject to Freedom of Information and Data Protection Legislation.
Civil matters will not be adjudicated by the Planning Authority and therefore issues such as encroachment, private rights of way, trespass, private nuisance and civil boundary disputes will not be investigated.
What is the Enforcement Process?
- Under the Planning and Development Act 2000 (as amended) the planning authority may take action where a complaint is received in writing alleging unauthorised development.
- A statute of limitation means that action cannot be taken against an unauthorised development after a seven-year period has passed with some exceptions in the case of quarrying operations and peat extraction. Enforcement action can still be taken where a person has failed to satisfy a planning condition concerning the use of land.
- Where a planning authority considers unauthorised development may have occurred it shall issue a Warning Letter under section 152 of the Planning and Development Act 2000 (as amended).
- The Warning Letter affords 4 weeks for a submission in reply, following which the planning authority will make a decision as to what further action, if any, is necessary, in line with the provisions of section 153 of the Act, having regard to any submission received and any other material considerations.
- An Enforcement Notice may subsequently be served under section 154 of the Act requiring the developer, owner, occupier or any other person who may be concerned with the unauthorised development to take whatever steps the planning authority deem necessary in order to regularise the development. An Enforcement Notice sets out the requirements of the council to rectify the offence and also contains a timeframe within which the work must be completed. Non-compliance with an Enforcement Notice is an offence.
- Should any person served with an Enforcement Notice fail to comply with its requirements, the council may institute legal proceedings through the Courts.
Further information regarding the planning enforcement process may be found in the leaflets below from the Office of the Planning Regulator “A Guide To Planning Enforcement In Ireland” & “A Guide to Planning Enforcement in Ireland” From Department of Housing, Local Government and Heritage.