Oireachtas Joint and Select Committees

Tuesday, 14 June 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

Review and Consolidation of Planning Legislation: Department of Housing, Local Government and Heritage (Resumed)

Mr. Colin Ryan:

The issue is that it is labour intensive, difficult and complex. In particular, there is a need for the establishment of particular skills sets because in certain local authorities there might only be a number of particular activities arising once every so often. People move on and do different things, so it is to keep these at a regional level to allow for rapid and more cogent responses to these difficult and complex cases, which can take a number of years just for the assembling of evidence and going through the process. It can take a while.

With regard to streamlining the process, what we are looking at are timing issues and issues around the content capability for moving up to court, moving on in the court and what the court can do in terms with compliance with enforcement notices. At present, there is only a black-and-white situation. Either one has complied with it or one has not complied with it. There might be the capability for allowing from a proof point of view that one has done one's best and that allows the court to make a decision around that. Broadly speaking, however, it is about the technical issues surrounding the compliance with enforcement notices, timing the period, the capability of going to court and what court one goes to. Ultimately, the enforcement notice is a very serious issue. It is a legal matter and a matter that can end up in court. It is a matter that needs to be very clearly enunciated. That is broadly the issue with regard to the technicalities of enforcement.

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