Here’s one story of a planning ruling and seeming lack of enforcement.
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* Dirt racing track constructed / operated illegally without any planning permission.
* Two years going through Local Authoirty and ABP. In the end, their EIS (requested by ABP) was torn apart and the overall application was turned down for a number of reasons (basically not giving them a hope)
*Since the ABP ruling, they have continued to operate the dirt racing track. Privately they argue their planning permission was for a commercial venture (in fact not at all mentioned in the application) while they are running it for family which does not require planning. Untrue and regardless of private / commercial, a development and material change of use of land that requires permission remains there and in operation.
Feedback so far:
– Local Authority have been extremely slow to respond (‘looking into it’) despite being supplied with ample photo / video evidence. So far no indication they will stop the operator or ask for the site to be reinstated to its original state.
– ABP: Obviously enforcement is not their problem, talk to Local Authority. Fair enough.
– Fisheries Board: Should be of concern since there is a nearby river and water pollution issue (and they made a submission). Again, pass the ball to Local Authority.
We have been advised to seek a Circuit Court injunction.
Having spent two years and considerable money fighting this, one would have hoped it would end with the ABP ruling. Obviously not and the onus of enforcement is with local residents.
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What kind of message is this sending? No power to enforce decisions and a consequent lack of respect for Local Authority / ABP decisions. It’s hardly surprising so many people put up houses, ask for planning permission after and get away with it.