The principal Activities of the enforcement section include: -
The Council’s role in this area involves investigating complaints from the public 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 includes development works, (which are not exempted) which are carried out on a site without the benefit of planning permission, and development which is not in compliance with the terms (drawing, site layout, etc) or the conditions of the grant of planning permission.
The Enforcement Section investigates all cases of unauthorised development, which comes to its attention. It will conduct a site visit and examine the planning history of the site and may issue a warning letter or serve an Enforcement notice on the Developer, as specified under the Planning and Development Act 2000. There are strong legal powers available to enable the Council to deal with offenders, and legal action is taken where necessary. There are heavy penalties where a person is convicted in the Courts for carrying out unauthorised development.
A total of 242 complaints in relation to unauthorised development were lodged with the Council during 2009. The Council carried out over 1000 inspections, investigated 225 new complaints; issued 225 Warning Letters served 107 Enforcement Notices, and initiated 24 prosecutions. During the same period 260 complaints were resolved or dismissed.
Complaints can be made in writing, by e-mail or by telephone. A complaints form is also available online to facilitate the making of a complaint. Full details should be given to include the nature and extent of the development, the person (if known) who is carrying out the development and accurate location details (preferably indicated on a site location map) to facilitate inspection by the Council.
All complaints are treated confidentially. It is the policy of the Council that the name of the person who provides information to it on enforcement issues is not released to a third party.
A revised Development Contribution Scheme was adopted by the Council under Section 48 of the Planning & Development Act 2000 in November 2006. This scheme sets out the level of contribution required for each type of development as well as the basis for levying the contribution. Contributions from the scheme will fund the provision of necessary infrastructure throughout the County. In addition, special contributions are payable in respect of waste – water schemes in Coolaney, Dromore West, Bunninadden, Carney, Gurteen, Castlebaldwin, Ballintogher and Rockfield.
Procedures are in place to ensure that development contributions are paid to the Council. 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 completed to the satisfaction of the Council and, or has been taken in charge. The phasing of the security is permitted in certain circumstances.
A Legal obligation has been placed on Local Authorities, under Section 180 of the Planning & Development Act 2000, to take in charge housing estates where certain conditions have been met. A revised T.I.C. policy was adopted 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. 9 estates were taken in charge during the year, with a further 27 applications on hands at the end of 2009. Over 200 inspections were carried out.
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 in relation to the 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.
Sligo County Council is the building control authority for Sligo Local Authorities. The objective of the Building Control Section is to encourage good building practice and to ensure that buildings are constructed correctly and that access for people with disabilities 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 2009 the Council inspected 39 Buildings (15%).
The Council continues to pay particular attention to compliance with Part M of the Building Regulations (which deals with access for people with disabilities). A high level of compliance has been achieved in this area.
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.
This is a notice submitted by a developer to inform 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:
A commencement Notice Form is available online or it can be obtained directly from the Building Control Section of Sligo County Council.
The Enforcement Section deals with structures or places which are a danger or likely to be a danger to the public. A notice may be served on the owner requiring works to be carried out to prevent the structure or place from being dangerous. The Council may also carry out such works itself and recover the costs from the owner.
The Council is required by law to establish and maintain a Register of Derelict Sites. All reports of dereliction are investigated and Notices of Intention to enter the site on the register are served on the owner/occupier of the site in question (where appropriate). Any written representations are considered before deciding whether to enter the site on the Register. The Council can also serve notices on an owner or occupier of a derelict site specifying the measures to be taken to prevent land from becoming or continuing to be a derelict site.
During the year, 64 inspections were carried out throughout the County. In addition, the Council served Notice of its intention to enter ten sites in on the Derelict Sites Register. Three sites were registered during the year, and in addition notices of certain measures to be taken to prevent dereliction were served on three owners.