Building Control and Enforcement
The principal activities of the Enforcement section include: -
- Enforcement of planning control
- Collection of development contributions and securing bonds.
- Monitoring/liaising with developers to ensure housing estates are completed to a satisfactory standard for taking in charge.
- Building Control.
- Dangerous Structures.
- Derelict Sites.
ENFORCEMENT OF PLANNING CONTROL
The sections role in this area involves random inspections of developments in progress, dealing with prior to commencement conditions or conditions which have not been complied with, and investigating complaints from concerned citizens with regard to unauthorised development.
Unauthorised development is developments works, which are not exempted, that are carried out on a site without the benefit of planning permission.
In addition, it is considered to be unauthorised development where, a development is carried out, which is not in compliance with the terms (drawing, site layout, etc) or the conditions of the planning permission granted.
The Enforcement Section will investigate any case of unauthorised development, which comes to its attention. It will conduct a site visit and examine the planning history of the site and may serve a warning letter or an Enforcement Notice on the developer, as specified under the Planning and Development Act 2000.
Every effort is made to deal with breaches without seeking a resolution in the courts, where there are heavy penalties for a person convicted for carrying out unauthorised development.
A total of 237 complaints were lodged with the Section during 2007. The section carried out over 700 inspections, investigated 219 new complaints, served 217 warning letters and 129 Enforcement Notices, and initiated 56 prosecutions. During the same period 163 complaints were resolved or dismissed.
The success of the Enforcement section can be demonstrated by the payment of €89,626.40, during 2007, in respect of application fees for planning permission to retain unauthorised developments.
Making a Complaint
Details of the unauthorised development may be submitted in writing or emailed to the Planning Enforcement Section. These details can also be advised by telephoning the section. Details should include the nature and extent of the development, the person (if known) who is carrying out the development and should include a site location map or accurate location details to facilitate inspection by the Council.
A complaints form is also available online to facilitate the making of a complaint. All complaints are treated confidentially.
COLLECTION OF DEVELOPMENT CONTRIBUTIONS AND SECURITY BONDS
A revised Development Contribution Scheme has recently been adopted by the council under Section 48 of the Planning and Development Act 2000. This scheme will provide the required funding to improve infrastructure throughout the County. In addition, special contributions have been levied in respect of waste – water schemes where specific exceptional costs not covered by the Scheme are incurred i.e. Coolaney, Dromore West, Bunninadden, Carney, Gurteen, Castlebaldwin and Ballintogher.
A system has been put in place to ensure that development contributions which are levied are paid in accordance with the requirements of planning permissions granted. Where the contributions are not paid, appropriate action is taken up to and including legal action.
Bond
The Council imposes a condition on all housing schemes requiring that development work shall not commence until adequate security for the satisfactory completion of the development has been submitted to and accepted by the Planning Authority. Particular attention is given by this section to ensuring that adequate security is in place in respect of all housing developments. The security is only released when the development has been taken in charge of the Council. The phasing of the security can be permitted subject to certain conditions.
TAKING ESTATES IN CHARGE
Monitoring of Housing Estates / Taking in Charge
Monitoring of Housing Estates / Taking in Charge A Legal obligation has been placed on Local Authorities, under Section 180 of the Planning & Development Act 2000, to take in charge housing estates where certain conditions have been met.
Many new housing estates are presently under construction in the County. The activities of the Enforcement Section are geared towards ensuring that these estates are completed to a high standard and allowing the Council (where the developer or residents desire) to take them in charge.
85 inspections were carried out in 2007, and in addition applications to take 12 estates in charge have been lodged with the Council. 2 estates were Taking in Charge during the year.
Application Form
Any request to have a housing estate taken in charge by the Council must be accompanied by a completed application form, fee, appropriate certification and written confirmation of maintenance of open spaces. It is the policy of the Council to have carried out by an agent, on its behalf, a Close Circuit TV survey on all main runs of foul and storm sewers, to ensure satisfactory standards of construction prior to taking any estates in charge.
BUILDING CONTROL
The Council is the building control authority for both Sligo County Council and Sligo Borough Council. The objective of the Building Control Section is to encourage good building practice, to ensure that buildings are constructed correctly and that access for the disabled and elderly is provided for in building plans. The Council is required, under inspection targets set nationally, to inspect between 12% and 15% of new works which were notified by way of the submission of a Commencement Notice.
The council continues to pay particular attention to compliance with Part M of the Building Regulations (which deals with access for people with disabilities), where a high level of compliance has been achieved.
In addition it is the policy of the Council when in receipt of a Commencement Notice for 2 or more houses or for commercial or industrial premises to require the developer, to submit drawings showing compliance with Part M – Section 11 (c) BC Act 1990. This has the effect of making both the developer and the architect / agent aware that Part M should be complied with both at the design and at the construction stages. Every effort is made to deal with breaches without seeking a resolution in the courts.
Commencement Notice
A Commencement Notice is a notice informing the council of intent to carry out building works. It must be submitted to the Building Control Section of the council at least 14 days and not more than 28 days before the commencement of any works which require compliance with the building regulations.
A Commencement Notice is required for:
- The erection of a building
- The material alteration or extension of a building
- A material change of use of a building to which the Building Regulations apply
A Commencement Notice Form is available online or it can be obtained directly from the Building Control Section of Sligo County Council.
DANGEROUS STRUCTURES
This department has responsibility for dealing with any dangerous structure, which come to our attention. Five such structures were dealt with in 2007.
DERELICT SITES
This section continues to work with developers to secure the development of such sites rather than simply improving their appearance. During the year, 64 inspections were carried out throughout the County. In addition, the Council served on the site owners of 8 sites, Notice of its intention to enter the sites on the Derelict Sites Register. 13 sites were entered on the register during the year.
