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Calls for Kerry County Council to be granted powers to stop unauthorised developments until planning permission granted

Jun 24, 2021 13:21 By radiokerrynews
Calls for Kerry County Council to be granted powers to stop unauthorised developments until planning permission granted
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A Kerry County Councillor is calling for enforcement powers to be granted to enable the council to stop unauthorised developments until planning permission has been granted.

Labour councillor Marie Moloney raised the issue at the monthly meeting of Kerry County Council.

She says it’s a disgrace to see developments in progress, when the builders involved are aware no planning permission has been received for them.

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The local authority must send a warning letter within six weeks of receiving a complaint of an unauthorised development, and the recipient has four weeks to respond.

If no response is received and the development continues, an enforcement notice can be served under Section 154; failure to comply with the terms of an enforcement notice may result in the instigation of Section 160 injunction proceedings in the circuit court, according to the council.

Cllr Marie Moloney questioned why so much time is given for the recipient to respond, given they've no planning permission.

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She claims it’s happening regularly and says those involved are giving two fingers to the council.

Cllr Moloney wants the council to write to the Minister for Housing, Local Government and Heritage and ask for the power to stop unauthorised developments until planning has been granted.

Director of Services with the council, Mike Scannell says for serious breaches an emergency injunction can be sought, however, this can’t be sought for every case.

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Mr Scannell says the council has sought them in the past and will continue to do so when necessary.

He says applying for retention is part of the planning process and says if it’s in accordance with the plan for the local area, then the local authority is obliged to grant that application.

 

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