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30

Sep, 2014

enforcement notices – serious and expensive if ignored

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Lisbellaw man jailed for six months for non payment of fines

A Co. Fermanagh man was jailed at Enniskillen Magistrates’ Court today for non payment of four fines which related to the non compliance with a DOE Planning Enforcement Notice.

Mr Adrian John Orr, Derryclawan Road, Derryclawan, Lisbellaw was sentenced to six months imprisonment for failing to comply with the Notice which sought the demolition of an unauthorised dwelling at Derryclawan, Lisbellaw.

The fines imposed upon Mr Orr totalled £76,000 and related to the non compliance of an enforcement notice which sought the removal of the said dwelling.  Mr Orr was convicted under Article 72 of the Planning (NI) Order 1991, as amended, as it is an offence to be in breach of an enforcement notice.

A breach of a notice occurs where, at any time after the period for compliance has lapsed, any step required to be taken has not been taken.  Enforcement action will continue until the matter is resolved. 

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Contact C.McILvar Ltd for advice immediately after receiving an enforcement warning letter from Planning Service.  In most cases a straightforward planning application can solve the issue and regularise the unauthorised development; avoiding heavy fines, court appearances and substantial legal expenses.

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