Republic of Ireland Law
Republic of Ireland Law Questions Answered by Experts
1. Dear Sheelagh, you have a private right of action under the Planning & Development Act, 2000, to prevent this non-compliance with the lack of planning permission. This will give you the right to compel the house owner to close the unlawful right of way and prevent egress directly to the rear onto the roadway. You don't need to rely upon the Council to enforce the planning laws. You can do it yourself by private right of action. So, I would suggest you take legal proceedings yourself and prevent this deficiency in planning permission. You can take these legal proceedings in the Circuit Court and enforce the planning laws yourself. So, I would suggest you see a solicitor and get the solicitor to issue legal proceedings on your behalf against this new owner of the extra house.
2. If you are successful, you will be granted an injunction preventing the use of this unlawful right of way by your neighbour. If there are any additional non compliant buildings or roadways which don't comply with the Planning Acts, you can seek to prevent them as well.
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