Planning Injunction
Planning and Development Act
Injunctions in relation to unauthorised development.
160.—(1) Where an unauthorised development has been, is being or is likely to be carried out or continued, the High Court or the Circuit Court may, on the application of a planning authority or any other person, whether or not the person has an interest in the land, by order require any person to do or not to do, or to cease to do, as the case may be, anything that the Court considers necessary and specifies in the order to ensure, as appropriate, the following:
(a) that the unauthorised development is not carried out or continued;
(b) in so far as is practicable, that any land is restored to its condition prior to the commencement of any unauthorised development;
F673[(c) that any development is carried out in conformity with—
(i) in the case of a permission granted under this Act, the permission pertaining to that development or any condition to which the permission is subject, or
(ii) in the case of a certificate issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, the planning scheme made under those Acts to which the certificate relates and any conditions to which the certificate is subject.]
(2) In making an order under subsection (1), where appropriate, the Court may order the carrying out of any works, including the restoration, reconstruction, removal, demolition or alteration of any structure or other feature.
(3) (a) An application to the High Court or the Circuit Court for an order under this section shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate.
(b) Subject to section 161, the order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
(4) (a) Rules of court may provide for an order under this section to be made against a person whose identity is unknown.
(b) Any relevant rules of Court made in respect of section 27 (inserted by section 19 of the Act of 1992) of the Act of 1976 shall apply to this section and shall be construed to that effect.
(5) (a) An application under this section to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land which is the subject of the application is situated.
(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the F674[market value] of the land which is the subject of the application does not exceed F674[€3,000,000].
(c) The Circuit Court may, for the purposes of paragraph (b), in relation to land that has not been given a F674[market value] or is the subject with other land of a F674[market value], determine that its F674[market value] would exceed, or would not exceed, F674[€3,000,000].
(d) Where the F674[market value] of any land which is the subject of an application under this section exceeds F674[€3,000,000], the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by the High Court by order.
F675[(e) In this subsection “market value” means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]
F676[(5A) (a) An application under this section to the Circuit Court shall, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, be made to the judge of the Circuit Court for the circuit in which the functional area (other than the nearshore area) of that coastal planning authority is situated.
(b) The Circuit Court shall have jurisdiction to hear and determine an application under this section in relation to a development referred to in paragraph (a) where the aggregate amount of the levy or levies payable under Chapter 7 of Part 4 of the Maritime Area Planning Act 2021 in respect of the maritime area consent granted to the person who carried out the development does not exceed €500,000.
(5B) (a) An application under this section, in respect of development situated wholly or partly in the nearshore area of a coastal planning authority, shall be made to the High Court if that development was carried out by or on behalf of a person who at the time of the carrying out of the development was not the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development.
(b) An application under this section, in respect of development situated wholly in the outer maritime area, shall be made to the High Court.]
(6) (a) An application to the High Court or Circuit Court for an order under this section shall not be made—
(i) in respect of a development where no permission has been granted, after the expiration of a period of 7 years from the date of the commencement of the development, F677[…]
(ii) in respect of a development for which permission has been granted under Part III F676[or section 293], after the expiration of a period of 7 years beginning on the expiration, as respects the permission authorising the development, of the appropriate period (within the meaning of section 40) or, as the case may be, of the appropriate period as extended under F678[section 42, or]
F679[(iii) in respect of a development in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, after the expiration of a period of 7 years beginning on the date the certificate ceases to have effect in accordance with Part 4 of the Dublin Docklands Development Authority (Dissolution) Act 2015.]
F680[(aa) Notwithstanding paragraph (a) an application to the High Court or Circuit Court for an order under this section may be made at any time in respect of unauthorised quarry development or unauthorised peat extraction development in the following circumstances:
(i) where no permission for the development has been granted under Part III and the development commenced not more than 7 years prior to the date on which this paragraph comes into operation;
(ii) where permission for the development has been granted under Part III and, as respects the permission—
(I) the appropriate period (within the meaning of section 40), or
(II) the appropriate period as extended under section 42 or 42A,
expired not more than 7 years prior to the date on which this paragraph comes into operation.
(ab) Notwithstanding paragraph (a) or (aa), an application to the High Court or Circuit Court may be made at any time for an order under this section to cease unauthorised quarry development or unauthorised peat extraction development.]
(b) Notwithstanding paragraph (a), an application for an order under this section may be made at any time in respect of any condition to which the development is subject concerning the ongoing use of the land.
(7) Where an order has been sought under this section, any other enforcement action under this Part may be commenced or continued.
Annotations
Amendments:
F673
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 33(a), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F674
Substituted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 53(2)(a), S.I. No. 2 of 2017.
F675
Inserted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 53(2)(b), S.I. No. 2 of 2017.
F676
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 24, S.I. No. 488 of 2022.
F677
Repealed (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s.33(b)(i), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F678
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 33(b)(ii), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F679
Inserted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 33(b)(iii), commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F680
Inserted (15.11.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 29, S.I. No. 583 of 2011.
Editorial Notes:
E298
Previous affecting provision: subs. (6) amended by Planning and Development (Amendment) Act 2010 (30/2010), s. 48, not commenced; repealed (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 42, S.I. No. 474 of 2011.
Costs of prosecutions and applications for injunctions.
161.—(1) The court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay—
(a) where a person is convicted of an offence under this Part, to the planning authority, or
(b) where the person is the subject of an order under section 160, to the planning authority or to any other person as appropriate,
the costs and expenses of the action, measured by the court.
(2) Where costs or expenses are to be paid to the authority, they shall include any such costs or expenses reasonably incurred by the authority in relation to the investigation, detection and prosecution of the offence or order, as appropriate, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.
Evidence of permission.
F681[162.—(1) In any proceedings for an offence under this Act, the onus of proving the existence of—
(a) any permission granted under Part III F682[or section 293],
(b) any certificate issued by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986, or
(c) any certificate issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997,
shall be on the defendant.]
(2) Notwithstanding subsection (1) of this section, it shall not be a defence to a prosecution under this Part if the defendant proves that he or she has applied for or has been granted permission under F683[section 34(12C)]—
(a) since the initiation of proceedings under this Part,
(b) since the date of the sending of a warning letter under section 152, or
(c) since the date of service of an enforcement notice in a case of urgency in accordance with section 155.
(3) No enforcement action under this Part (including an application under section 160) shall be stayed or withdrawn by reason of an F684[application for permission for retention of unauthorised development] under F685[section 34(12C)] or the grant of that permission.
Annotations
Amendments:
F681
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 34, commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
F682
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 25, S.I. No. 488 of 2022.
F683
Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 31, S.I. No. 436 of 2018.
F684
Substituted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(f), S.I. No. 458 of 2001.
F685
Substituted (23.03.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 49, S.I. No. 132 of 2011.
Permission not required for any works required under this Part.
163.—Notwithstanding Part III F686[or section 293], permission shall not be required in respect of development required by a notice under section 154 or an order under section 160 F687[(disregarding development for which there is in fact permission under Part III F686[or section 293] or in respect of which a certificate has been issued by the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997 or by the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986)].
Annotations
Amendments:
F686
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 26, S.I. No. 488 of 2022.
F687
Substituted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 35, commenced on enactment subject to dissolution order S.I. No. 114 of 2016.
Transitional arrangements for offences.
164.—Notwithstanding any repeal of any enactment (“repealed enactment”) by this Act, where proceedings have been initiated in respect of any offence under the repealed enactment, or an enforcement notice or a warning notice (within the meaning of the relevant provisions) has issued under any provision of the repealed enactment, or an application to a Court has been made under section 27 of the Act of 1976, the relevant provision which applied before the repeal shall continue to so apply until the proceedings have been finalised, the notices complied with or withdrawn or the application determined, as the case may be.
F688[
Development in Dublin Docklands Area
164A.— For the avoidance of doubt, Dublin City Council is the planning authority in respect of a development in respect of which a certificate has been issued by—
(a) the Dublin Docklands Development Authority under section 25(7)(a)(ii) of the Dublin Docklands Development Authority Act 1997, or
(b) the Custom House Docks Development Authority under section 12(6)(b) of the Urban Renewal Act 1986.]
Annotations
Amendments:
F688
Inserted (1.03.2016, dissolution day) by Dublin Docklands Development Authority (Dissolution) Act 2015 (55/2015), s. 36, commenced on enactment subject to dissolution order S.I. No. 114 of 2016.