A local authority issued a warning letter informing an individual that the development did not comply with conditions set out in the original grant of permission (less that 5 years ago), and that some development did not comply with planning law. After a considerable period the individual applied for retention. This retention was objected too and the authority requested further information from the applicant. The applicant has not submitted this information, but has resumed work on some elements of the development that was highlighted in the original warning letter as not complying with the conditions.
Does the applicant have the right carry on such work in this instance?
I assume he does not, given that fact that the authority has highlighted this development to be in contravention to the original grant of permission. When the individual did apply for retention, drawings of the completed development were included.
should the further information not be submitted within six months of the request the application will be declared invalid.
The works are proceeding at the owner/occupiers risk
I had a similar situation last year and the planner in Dublin City Council stood firm and the development was eventually completed to comply with the permission which I didn’t object to having considered that as planned it would make a positive contribution to the area.