Mr. Colin Ryan:

We do not have that to hand at the moment but we will look to see whether we have data to tell the Deputy about. I will make a broad point around section 5 declarations as they are now. This becomes an issue in that if the planning authority and the board make a decision on the information that is put before it at that time in the event of an appeal, that means that the planning authority may not be able to take enforcement action if new information comes to light. It becomes an issue because the courts have found that a section 5 declaration is material to the making of any further enforcement action. That might preclude the planning authority from also taking enforcement action with regard to other matters.

The purpose of the section 5 declaration with regard to the way it is done, as section 7 is now, is to strip it back to a position, as we see it, in relation to the question of whether it is a development and whether it is exempt. The issue of unauthorised development is very serious and very important. It is a vital element of the system. It is the place of the enforcement side of the house to deal with that aspect of things in an appropriate manner to make a decision on whether it is unauthorised. I just want to clarify that matter.