Planning permission disputes - planning injunctions

Cosgrove Gaynard Solicitors

Planning injunctions. We at Cosgrove Gaynard Solicitors have been involved in many such applications on behalf of clients. In addition, we have recently succeeded in having an interim order removed in circumstances where it was preventing our clients from completing a development to their property for an inordinate amount of time.

Planning disputes - Neighbours - Planning injunction

If a development has taken place which affects the use and enjoyment of a person’s property, the person affected can take immediate steps to rectify the problem. This type of development usually arises where the property being built is done without proper planning permission being obtained. This is known as an unauthorised development.

 

What is an unauthorised development?

 A development is unauthorised when:

 

-  Planning permission is required but has not been obtained.

-  Planning permission was granted but the development was not completed in accordance with the conditions attached by the planning authority.

-  The Development does not qualify as an exempted development.

 

Exempt development is development for which planning permission is not required.  It generally relates to developments of a minor nature and is the most common source of disputes between neighbours. Provisions for exempted developments can be found in Schedule 2, Part 1 of the Planning and Development Regulations 2001.

 

In such scenarios, an urgent application can be made to the Circuit Court or High Court for an injunction halting the unauthorised development.

 

What is an injunction?

 

An injunction is a court order which can require a person to refrain from a particular act (prohibitory injunction) or to do a particular act (mandatory injunction). An injunction is a remedy rather than a cause of action. It protects a right and consequently, a right or interest must be established and breach or imminent breach of such a right identified in order to seek an injunction from the Court.

 

Planning injunctions

 

In the case of planning injunctions, there is often an urgent need for injunctive relief and applications are made and granted on an ex parte basis. These are known as interim injunctions and are normally granted for a short period of time until the full hearing of the matter. The interim order will only have effect until a further order has been made by the court.

 

Such injunctions are granted to maintain the status quo until the full hearing of the matter so that the rights of the person applying for the injunction are protected to avoid any breach of their rights in the intervening period. However, the Court will also be mindful of any undue hardship caused to respondents and their property rights and accordingly, when injunctive relief is granted on an ex parte basis, the Court will be conscious of the need to promptly progress the case to a full hearing.

 

Applications involving Disgruntled Neighbours

 

We at Cosgrove Gaynard Solicitors have been involved in many such applications on behalf of clients. In addition, we have recently succeeded in having an interim order removed in circumstances where it was preventing our clients from completing a development to their property for an inordinate amount of time. The applicants in the matter obtained an injunction by way of an ex-parte application to the court forcing our clients to cease works.

At all times we would advise clients that the best way forward would always be to try and reach agreement with neighbours regarding a planning permission dispute however sometimes agreement cannot be reached and legal intervention is required from a property law firm with experience in dealing with such applications.

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