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Planning and Development Act 2000
Warning letter.
152.—(1) Where—
(a) a representation in writing is made to a planning authority by any person that unauthorised development may have been, is being or may be carried out, and it appears to the planning authority that the representation is not vexatious, frivolous or without substance or foundation, or
(b) it otherwise appears to the authority that unauthorised development may have been, is being or may be carried out,
the authority shall issue a warning letter to the owner, the occupier or any other person carrying out the development and may give a copy, at that time or thereafter, to any other person who in its opinion may be concerned with the matters to which the letter relates.
(2) Notwithstanding subsection (1), where the development in question is of a trivial or minor nature the planning authority may decide not to issue a warning letter.
(3) A planning authority shall issue the warning letter under subsection (1) as soon as may be but not later than 6 weeks after receipt of the representation under subsection (1).
(4) A warning letter shall refer to the land concerned and shall—
(a) state that it has come to the attention of the authority that unauthorised development may have been, is being or may be carried out,
(b) state that any person served with the letter may make submissions or observations in writing to the planning authority regarding the purported offence not later than four weeks from the date of the service of the warning letter,
(c) state that when a planning authority considers that unauthorised development has been, is being or may be carried out, an enforcement notice may be issued,
(d) state that officials of the planning authority may at all reasonable times enter on the land for the purposes of inspection,
(e) explain the possible penalties involved where there is an offence, and
(f) explain that any costs reasonably incurred by the planning authority in relation to enforcement proceedings may be recovered from a person on whom an enforcement notice is served or where court action is taken.
Annotations
Modifications (not altering text):
C234
Certain decisions, acts or omissions made subject to new judicial review provisions by Planning and Development Act 2024 (34/2024), s. 303A, as inserted (12.08.2026) by Planning and Development (Amendment) Act 2026 (27/2026), s. 115, S.I. No. 414 of 2026, art. 2(c).
[Application of Chapter 1 to certain decisions or acts under Act of 2000
303A. (1) Subject to subsection (2), Chapter 1 shall apply to—
(a) any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, and
(b) any alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a), as it applies to a decision made or act done in the performance, or purported performance, of a function by a relevant body under this Act, or the alleged failure by a relevant body to perform such a function.
(2) Chapter 1 shall apply and have effect, in accordance with subsection (1)—
(a) as if, in subsection (1) of section 279, the following paragraph were substituted for paragraph (a):
"(a) questions the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or questions the alleged failure of an Act of 2000 body to perform such a function, and",
(b) as if, in subsection (2) of section 279, the following paragraphs were substituted for paragraphs (a) and (b):
"(a) question the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or
(b) question the alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a),",
and
(c) subject to the following and any other necessary modifications:
(i) references in that Chapter to a relevant body shall be construed as references to an Act of 2000 body;
(ii) references in that Chapter to Part 9 judicial review shall be construed in accordance with section 279 as modified by paragraphs (a) and (b);
(iii) references in that Chapter to this Act shall be construed as including the Act of 2000.
(3) Proceedings commenced under Chapter 1 as it applies in accordance with this section shall not be considered to be Part 9 judicial review proceedings for the purposes of Chapter 2.
(4) In this section—
"Act of 2000 body" means a planning authority (within the meaning of the Act of 2000), a local authority (within the meaning of the Act of 2000), the Commission, or the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019);
"Act of 2000 procedure" means a procedure under the Act of 2000 (including as that Act continues to apply and have effect in accordance with this Act following the repeal of any provision of it under section 6) that is initiated on or after the operative date by— ...
(v) a warning letter issued under section 152 of the Act of 2000, and an enforcement notice served under section 154 or 155 where the warning letter concerned was issued on or after the operative date,
...
"operative date" means the date of the coming into operation of section 115 of the Planning and Development (Amendment) Act 2026.]