Oireachtas Joint and Select Committees

Tuesday, 16 December 2014

Joint Oireachtas Committee on Environment, Culture and the Gaeltacht

General Scheme of the Planning and Development (No. 1) Bill 2014

3:50 pm

Mr. Terry Sheridan:

As I have outlined, the regulator will be addressed in the second planning Bill. As I have indicated, the regulator will be responsible for assessing and evaluating the local area plans, local developments plans adopted by local authorities, and regional, spatial and economic strategies. The regulator will also be responsible for advising the Minister on the appropriateness of the plans and whether they are in accordance with the proper planning and development of the areas concerned.

It is not intended that the regulator will be involved in conducting reviews of complaints relating to individual planning decisions of planning authorities. The regulator will have investigative powers to review the organisation, systems and procedures applied by planning authorities in the performance of their planning functions under the Act. These will include assessing whether decisions generally are made in accordance with the planning guidelines and policy directives issued by the Minister, whether any formal systematic discrimination is applied in assessing planning applications, the procedures adopted and whether they give rise to any potential corruption risks and if appropriate standards of administration are applied. These are the type of things the planning regulator will look at. It will be an overseeing function of the regulator in assessing the performance of planning authorities. It is something that has not been there previously but it will be a double check to ensure that appropriate systems and procedures are being adopted generally by local authorities in performing their planning functions.

We have previously spoken about enforcement and unauthorised developments bilaterally. Local authorities have powers to issue enforcement notices, to enter on to sites if necessary to take actions in respect of unauthorised developments and to pursue court orders, so there are powers in respect of the handling of unauthorised developments and the enforcement of the planning legislation. Unfortunately, it can be difficult to prosecute offences and unauthorised development. A lot of detective work and information gathering is required. I accept that the enforcement aspect of the planning legislation needs to be better addressed by local authorities. In their defence-----

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