Oireachtas Joint and Select Committees

Tuesday, 7 February 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion

Mr. Colin Ryan:

The answer to that question is "Yes". It is the legal aspect of things. Enforcement deals with criminal convictions. It is not a civil matter. Those matters relate to warning letters and enforcement notices. That aspect will, broadly speaking, stay the same. We have introduced the capability for larger enforcement files, particularly in respect of quarries but other cases will also require to be dealt with on a regional basis. We must allow for that specialism to be dealt with. Broadly speaking, however, the system will effectively stay the same from a structural point of view. A defence is available that allows people to claim they have tried to comply as best they can. I am paraphrasing here so I apologise. An individual can claim to have complied with an enforcement notice to the best of his or her ability, and that is a plea a court can take into account to allow the discharge of an enforcement notice. If a person is convicted, it is a criminal conviction, which has ramifications. The system will, broadly speaking, remain as it is.

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