SID: Making sure the Board’s decision is followed: Enforcement

When the Board has made its decision, a copy of the Board Order will be sent to all participants in the case and will be published on our website.  Sometimes a copy of the Board Direction will also be sent to the participants in the case. The planning authority for the area in which the case is situated will receive a copy of the Board Order for its records. This is the end of An Bord Pleanála’s role with the development.
 
Apart from Railway Orders, the law does not give the responsibility to An Bord Pleanála to make sure that decisions are being respected and followed. This is known as enforcement. We do not have powers to make sure that the Board’s decisions are being followed or complied with. Instead the local planning authority is responsible for interpreting the conditions of the Board’s Order and making sure that the Board’s decision is carried out.
 
Should you have a concern that a Board decision is not being followed or complied with, please contact the enforcement section of the local planning authority. A planning authority must follow up on genuine complaints made to it by members of the public regarding unauthorised development including non-compliance with planning decisions.
 
Complaints in relation to unauthorised development will be investigated by the planning authority. In circumstances where it is considered that the planning authority is not following up on a genuine complaint in relation to unauthorised development / enforcement, the Ombudsman or the Office of the Planning Regulator may be willing to assist in resolving the issue. In certain circumstances, any person may apply to the High Court or Circuit Court for an injunction in relation to unauthorised development. For further information, contact the Citizens Information Service or see legal advice.
 
In a case of where the Board grants an application for a railway order, the Board may revoke the order where there is a failure or refusal to comply with a condition, restriction or requirement specified in the railway order. Any person may write to the Board if they consider that the Board’s order is not being implemented in accordance with the grant and the Board will follow-up on the matter.