Róisín Shortall (Dublin North West, Labour)
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Question 1870: To ask the Minister for the Environment, Heritage and Local Government the proposals he has to regulate the standard and upkeep of landings in front of neighbourhood shops or otherwise extend the powers of local authorities to so regulate; and if he will make a statement on the matter. [2276/07]

Dick Roche (Wicklow, Fianna Fail)
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Under the Planning and Development Act 2000, planning authorities may provide, in their development plans and local area plans, general planning standards to be met in the provision of neighbourhood facilities. When granting planning permission for a neighbourhood shop, planning authorities may impose conditions relating to the standard and upkeep of shop fronts and landings. Furthermore, local authorities have powers to maintain and regulate such areas under waste management and litter legislation.

In addition, where a planning authority deems a particular area to be of special importance to the civic life or the architectural, historical, cultural or social character of a city or town, section 84 of the Planning and Development Act 2000 provides for the preparation of a scheme setting out specific development objectives for the area. Such schemes can include objectives for the renewal, preservation, restoration, development or redevelopment of the streetscape including the coordination and upgrading of shop-frontages.

I consider that the powers available to local authorities in this regard are sufficient and further regulation is not envisaged at present.

Pádraic McCormack (Galway West, Fine Gael)
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Question 1871: To ask the Minister for the Environment, Heritage and Local Government the action he will take to redress the numerous adverse effects, long sufferings and losses suffered by the many residents and land owners in neighbourhoods of unauthorised quarries due to local authorities not being responsible and not enforcing the planning laws; and if he will make a statement on the matter. [2278/07]

Pádraic McCormack (Galway West, Fine Gael)
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Question 1872: To ask the Minister for the Environment, Heritage and Local Government the accountability he envisages against planning authority officials who have failed to enforce the planning laws resulting from An Bord Pleanála determinations in view of the fact that the Ombudsman highlighted the lack of enforcement on unauthorised quarries in his 2000 Annual Report. [2279/07]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 1871 and 1872 together.

Enforcement of planning control is a matter for the appropriate planning authority, which can take action if a development does not have the required permission, or where terms of permission have not been met.

The Planning and Development Act 2000 gave substantial additional powers to planning authorities in the enforcement area: for instance, they are now entitled to retain fines imposed by Courts for planning offences to help finance more active planning control. The 2000 Planning Act, as amended by the Planning and Development (Strategic Infrastructure) Act 2006, also provides that planning authorities may refuse to grant planning permission to any developer who has seriously failed to comply with a previous planning permission. The effect of the 2006 amendment has been to reverse the burden of proof so that the applicant must now apply to the High Court if he or she wishes to have the decision overturned.

The 2000 Act also imposed new obligations on planning authorities in the enforcement area: there is now a statutory obligation on a planning authority to issue a warning letter in relation to written complaints regarding unauthorised development. There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued.

The draft Development Management Guidelines, which I will issue in final form shortly, and which will be statutory guidelines to which planning authorities must have regard in the exercise of their functions, emphasis the importance of planning enforcement, stating that the introduction of a culture of enforcement is critical to ensure that the planning control system works properly and for the benefit of the whole community.

In addition, my Department is currently exploring possibilities with City and County Managers for the establishment of a planning enforcement network. This would be designed to enable practitioners in planning authorities to share practical experiences and expertise to help equip them to carry out their enforcement role as effectively as possible and to develop new perspectives on best practice in planning enforcement.

In relation to quarries in particular, section 261 of the Planning and Development Act 2000, which was commenced with effect from 28 April 2004, introduced a once-off system of registration for all quarries, except those for which planning permission was granted in the last 5 years. Under the registration system, quarry operators were required to register with planning authorities by 27 April 2005. Following registration, a planning authority can impose conditions on the operation of a pre-October 1964 quarry or may require such a quarry to apply for planning permission and submit an Environmental Impact Statement in certain circumstances. Authorities can also restate, modify or add to conditions on the operation of a quarry that has received planning permission more than 5 years ago.