Burns Nowlan Solicitors Newbridge
Burns Nowlan Solicitors Newbridge

Planning Law/Injunctions

This is an areas of law which normally arises when the enjoyment of a property has been adversely affected and interfered with as a result of an unauthorised development.

The law relating to planning and indeed planning permissions is extensive and complex. However the Courts over the last ten years have developed a considerable amount of case law on the interpretation of planning regulations and the remedies that are available in the event that a person(s) or company has breached the planning legislation.

If such a breach has occurred an application to either the Circuit or the High Court may be made under Section 160 of the Planning and Development  Act. The application will normally seek certain relief from the Court including seeking an injunction halting the unauthorised development and where necessary restoring land or a building to its original state. Applications can also be made to prevent trespass and unlawful interference with property which often occurs during a development.

We at Burns Nowlan have been involved in a number of important cases at both Circuit and High Court level relating to this area. We have previously succeeded in having a grant of planning permission issued by a Local Authority quashed as a result of issuing Judicial Review proceedings against both the Local Authority and the developers of the property. We were also successful in bringing proceedings against a Local Authority and the developer of a property where the same Local Authority had failed to take enforcement action against the developer. In that particular case an order was secured from the High Court requiring the development to be demolished and the land restored to its original condition.

If a person feels that an unauthorised development has occurred:-

  1. Report the matter to your Local Authority. It is important the complaint is made in writing. Request an immediate response and keep a copy of your letter and evidence of posting.
  2. Write to the party who may have breached a grant of planning permission or developed without permission. Request that the development stop immediately.
  3. Where appropriate and possible take photographs.
  4. Contact our office if you fail to secure a response. We can then where necessary retain the services of an Architect/Engineer who will prepare a report documenting the breaches and how they fail to comply with legislation.

Application can then be made to Court for the appropriate relief.

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