Home Q&A: How to make a complaint about an unauthorised development

Do a little gentle investigation to ensure that planning has actually been breached. The upset caused by shopping someone without discussion could ring down the ages. File picture

Question

I want to make a complaint about an unauthorised development. What are the steps I need to take?

Answer

Making a complaint regarding planning is something to weigh carefully, as it’s a serious (but sometimes necessary) thing to do. Do a little gentle investigation to ensure that planning has actually been breached. The upset caused by shopping someone without discussion could ring down the ages. If the local authority proceeds with the matter, you may be called to give evidence in court if things go that far. 

If you’re determined, download a complaint form from your local authority. You’ll have to put your name to this as anonymous, and potentially malicious complaints won’t be accepted. Answer all the questions on the form to the best of your ability, including what you see as the breach, dates, the owner of the place and the location. 

You may be contacted for further details. If the authority pursues the matter, a warning letter will be issued to the person(s) named by you on the enforcement complaint form. The local authority will handle the matter confidentially, but under the Freedom of Information Act, 1997-2003, the details in the complaint may be subject to disclosure. 

Civil matters are not adjudicated by the planning authority, and therefore issues such as encroachment, private rights of way, trespass, private nuisance, and civil boundary disputes should be taken to a solicitor. 

If you want to see an application for planning, you can see plans or make a submission or observation on the application for €20. Generally, the submission or observation must be made within 5 weeks of when the local authority received the planning application. To see plans, go to your local authority website.

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