Mr. Eamonn Kelly:

To our mind, this provision has only been used once, that is, in the Derrybrien case. Enforcement is the answer and the need for the local authority to ask someone to enter the substitute consent process is superfluous. This comes down to enforcement powers, with the onus placed squarely on the developer. The onus is not, and should not be, on the local authority to get developers to enter the substitute consent process. The local authority’s responsibility is to carry out its enforcement duties and the developer, if he or she wishes to regularise, may enter the process. Does that answer the Deputy’s question?