Legal & Enforcement

In January 2007 the Legal and Enforcement Section was established to deal with:

Planning Enforcement in relation to unauthorised development
Taking-in-charge of estates
Collection of Development Levies
Building Control, site inspections and receipt of commencement notices

There is a significant increase in activity under this heading and efforts are being made to deal with longstanding complaints as well as the almost 300 complaints received in 2007.

Westmeath County Council recognises, in accordance with Department of Environment guidelines, that legal action must be pursued in many instances.
In doing this we are mindful that there are issues around:

High costs (in successful prosecutions our costs will generally be awarded against the defendant)
High internal resource costs
Lengthy delays in having cases heard
Importance of Courts own workload

However, it is sometimes necessary to pursue this course of action and in many cases it must be done within 6 months of our knowledge of an offence under the planning legislation. Consideration will generally be given to adjournments (where there has been a retention application) and withdrawing of cases where adequate response is made and the Council’s costs are paid.

In many older cases that remain active, the cost of court action is considerably higher as injunctive action to the circuit or high courts may be the only legal route available to resolve the issues involved. These cases are being reviewed with a view to concluding them as soon as possible.

There was a marked increase in legal action in 2007 following the creation of the new Section:

Two Section 160 injunctions in the High Court, - 1 heard and 1 settled
Two Section 160 injunctions awaiting listing in Circuit Court
Two Civil Bills in relation to non payment of development contributions awaiting listing
District Court Prosecutions: 1 heard; 3 withdrawn; 6 with solicitors
One proposed interim injunction to the High Court stopped on foot of undertaking

In general, a large number of written and internal complaints are being dealt with and there are corresponding significant increases in the issue of warning letters and enforcement notices.

The increase in complaints over previous years is accounted for by a substantial number of internal complaints and a growing awareness of the activity of the section. In order to deliver an effective, efficient service and to address our wider workload, complaints are being prioritised and the focus is on unauthorised developments which have significant impacts and large scale developments which are in flagrant breach of the law.

Private Housing Estate Development - Taking Estates in Charge

Status reports on taking estate in charge will be made to all Area Meetings by the end of the year.

Housing estates can be considered under three separate headings