The principal activities of the enforcement section include: -
The sections role in this area involves investigating complaints from concerned citizens with regard to unauthorised development, random inspections of developments in progress, and dealing with prior to commencement conditions or conditions which have not been complied with.
Unauthorised development is developments works, which are not exempted, that are carried out on a site without the benefit of planning permission. In addition, it is considered to be unauthorised development where, a development is carried out, which is not in compliance with the terms (drawing, site layout, etc) or the conditions of the planning permission granted.
The Enforcement Section investigates all cases of unauthorised development, which comes to it’s attention. It will conduct a site visit and examine the planning history of the site and may issue a warning letter to and/or serve an Enforcement notice on the Developer, as specified under the Planning and Development Act 2000.
Legal action is taken as necessary to deal with breaches of the Planning Acts and there are heavy penalties where a person is convicted in the Courts for carrying out unauthorised development.
The success of the Enforcement section can be demonstrated by the payment of €92,748.27 during 2008, in respect of application fees for planning permission to retain unauthorised developments.
A total of 269 complaints in relation to unauthorised development were lodged with the Council during 2008. The Council carried out over 700 inspections, investigated 256 new complaints, issued 219 Warning Letters, served 126 Enforcement Notices, and initiated 35 prosecutions. During the same period 270 complaints were either resolved or dismissed.
Details of the unauthorised development may be submitted in writing or emailed to the Planning Enforcement Section. These details can also be advised by telephoning the section. Details should include the nature and extent of the development, the person (if known) who is carrying out the development and should include a site location map or accurate location details to facilitate inspection by the Council.
A complaints form is also available online to facilitate the making of a complaint. All complaints are treated confidentially.
A revised Development Contribution Scheme was adopted by the Council under Section 48 of the Planning & Development Act 2000 in November 2006. This scheme will provide the required funding to improve infrastructure throughout the County. In addition, special contributions have been levied in respect of waste – water schemes where specific exceptional costs not covered by the Scheme are incurred in Coolaney, Dromore West, Bunninadden, Carney, Gurteen, Castlebaldwin, Ballintogher and Rockfield.
A system has been put in place to ensure that development contributions which are levied are paid in accordance with the requirements of planning permissions granted. Where the contributions are not paid, appropriate action is taken up to and including legal action.
The Council imposes a condition on all housing schemes requiring that development works shall not commence until adequate security for the satisfactory completion of the development has been submitted to and accepted by the Planning Authority. Particular attention is given by this section to ensuring that adequate security is in place in respect of all housing developments. The security is only released when the development has been taken in charge of the Council. The phasing of the security is permitted subject to certain conditions.
A legal obligation has been placed on Local Authorities, under Section 180 of the Planning and Development Act 2000, to take in charge housing estates where certain conditions have been met. A revised policy in relation to taking in charge was adapted by the Council in 2008.
Many new housing estates have been built in the County over the last number of years. The activities of the Enforcement Section are geared towards ensuring that these estates are completed to a high standard and to allow the Council (where the developer or residents desire) to take them in charge. 15 estates were taken in charge during the year, with a further 26 on hand at the end of 2008.
Any request to have a housing estate taken in charge by the Council must be accompanied by a completed application form, fee, appropriate certification and written confirmation of maintenance of open spaces. It is the policy of the Council to have carried out by an agent, on its behalf, a Closed Circuit TV survey on all main runs of foul and storm sewers, to ensure satisfactory standards of construction prior to taking any estates in charge.
The Council is the building control authority for both Sligo County Council and Sligo Borough Council. The objective of the Building Control Section is to encourage good building practice, to ensure that buildings are constructed correctly and that access for the disabled and elderly is provided for in building plans. The Council is required, under inspection targets set nationally, to inspect between 12% and 15% of new works which were notified by way of the submission of a Commencement notice. In 2008 the Council inspected 126 Buildings (34%).
The Council continues to pay particular attention to compliance with Part M of the Building Regulations (which deals with access for people with disabilities), where a high level of compliance has been achieved.
In addition it is the policy of the Council when in receipt of a Commencement Notice for 2 or more houses or for commercial or industrial premises to require the developer, to submit drawings showing compliance with Part M – Section 11 (c) BC Act 1990. This has the effect of making both the developer and the architect / agent aware that Part M should be complied with both at the design and at the construction stages. Every effort is made to deal with breaches without seeking a resolution in the courts.
A commencement Notice is a Notice informing the Council of intent to carry out building works. It must be submitted to the Building Control Section of the council at least 14 days and not more than 28 days before the Commencement of any works which require compliance with The Building Regulations.
A commencement Notice is required for:
This department has responsibility for dealing with any dangerous structure, which comes to our attention. One such structure was dealt with in 2008.
This section continues to work with developers to secure the development of derelict sites. During the year, 52 inspections were carried out throughout the County. In addition, the Council served Notice of its intention to enter 11 sites in on the Derelict Sites Register. 6 sites were registered during the year.