Finian McGrath
Question:444. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the outcome if a council fails to act on a Section 160 against an unauthorised development. [51021/12]
View answerTuesday, 20 November 2012
Questions (444)
Written answers
Instead of issuing an enforcement notice (or subsequent to issuing an enforcement notice, in the event that the notice is not complied with) a planning authority, where an unauthorised development is being, or is about to be, undertaken, can also apply to the Circuit or High Court for an injunction preventing it. Significantly, any other person may also seek an injunction against an unauthorised development without reference to the planning authority.
The court order, if successfully obtained, may require that:
- the unauthorised development should not commence or continue;
- in so far as possible, the land be restored to its original state;
- the development be carried out in accordance with any permission related to it;
- certain works be carried out, e.g. restore, reconstruct, demolish, and it may also make provision for the payment of costs.
Pending its consideration of issues arising from the request for an injunction, the Court may issue an interim or interlocutory order as described below:
- interim order: restrains the defendant from acting until some particular time, most likely until the request for an injunction is fully considered;
- interlocutory order: a temporary injunction pending trial; usually only granted where the recovery of damages afterwards would not represent an adequate remedy.