Unauthorised development relates to developments and/or uses that are in breach of the planning laws. This is also known as Planning Enforcement.
A development is unauthorised when;
- Planning permission is required and has not been obtained.
- Planning permission was granted but the development is not being carried out in accordance with the plans lodged or conditions of the planning permission granted.
- It does not comply with all the conditions and limitations to qualify a development as exempt.
Exempted development is development for which planning permission is not required. Generally, it includes developments of a minor nature such as
- Building of an extension, shed, garage, boundary walls etc. within the curtilage of a dwelling house subject to conditions and limitations (see below) and not restricted by a condition of a planning permission.
- Works that affect only the interior of a structure.
- Works that do not affect the external appearance of a structure.
- Some agricultural structures.
- Some changes of use.
Full details of exempted development provisions including conditions and limitations is contained in Schedule 2 of the Planning and Development Regulations 2001-2009. The Department of the Environment Heritage and Local Government has produced planning leaflets for the general public in relation to frequently asked questions including exempt development Planning Leaflets
Note, in certain instances, development is restricted from exemptions. These are set out Article 9 (1) of the above Planning and Development Regulations 2001-2009.
You can inspect the Planning Register in the Planning Department. Planning Lists and Drawings can be viewed at the Planning Public Counter or on South Tipperary County Councils website. Planning lists Planning Search
If you think you may be in breach of planning laws you should contact South Tipperary County Council’s Planning Department to discuss the steps you need to take to rectify the situation.
Under the Planning and Development Act 2000 a complaint must be made in writing, and can be sent to the following address
Tom O'Dwyer,
Planning Department,
South Tipperary County Council,
County Hall,
Emmet Street,
Clonmel,
Co. Tipperary.
Fax. 052 6134649
Phone 052 6134646
Alternatively you can email your complaint to: planning@southtippcoco.ie
Information you need to provide when making a Complaint
- The location of the site,
- details of the suspected breach,
- any details you have regarding the owner or occupier of the property,
- the date the development began,
- your name and address and
- daytime contact telephone number and the
- Planning Application Reference no. if applicable
Your name and address will be treated in strictest confidence by South Tipperary County Council. You should note that under the Freedom of Information Acts a copy of a complaint can be sought, however South Tipperary County Council's policy is to withhold the name and address of complainants unless consent is given to release them.
Under the Planning and Development Act 2000 proceedings can not commence.
- In respect of a development where no permission was granted, after seven years from the date of the commencement of the development.
- In respect of a development which was granted Planning Permission, after seven year from the date of expiration of that permission
An acknowledgement will be issued. The complaint will be referred to the Planning Inspector and a site inspection will take place.
You will be forwarded a copy of any Warning Letter or Enforcement Notice issued. Where the Planning Authority decides not to issue a Warning Letter or Enforcement notice you will be advised in writing within two weeks of making that decision.
Written complaints must be investigated within 6 weeks.
This guide does not purport to a legal interpretation of the provisions of the Planning and Development Act, 2000 and the Planning and Development Regulations 2001.
