More unauthorised developments in KildareÂ…
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I have submitted a complaint of unauthorised development to Kildare County Council, against a person now building a large house and stables on a field next to me, on the basis that he is contravening his planning permission & conditions.
The local authority has finally issued the owner with a warning letter; in the meantime, the building continues unabated and the roof is now under construction; I am fearful that no remedy is or will be available to me & that the unauthorised development will be protected by the Council.
Has anybody else been in this position & what options are open to me?
Am I just wasting my time? -
The only route open to you is to take legal action which would be slow and expensive.
In essence if Kildare Co Co fail to take enforcement action you must bring an action against the Council for not performing their statutory functions under the planning acts.
If you think writing a letter to Kildare County Council and waiting for them to take effective enforcement action will deliver a result then you probably are wasting your time; however if you raise the stakes you will get action but it will take time and will cost a lot of money.
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Thanks for your help.
From what you’re both saying I think that my only option is to take legal advice.
From my perspective, the only real remedy for me to get my views back is for the Council to demand that the unauthorised development be knocked and for the owner to build precisely what & where he was given permission to build. I take it this never happens ??
Will he probably apply for retention of what he’s built?
Thanks again for the advice – I don’t want to give up just yet.
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