Oireachtas Joint and Select Committees

Thursday, 2 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I am delighted Mr. Flynn mentioned enforcement because it is one of the areas where we have not had adequate discussion of the Bill in the seven meetings we have had to date. It seems to me there is very little new in the enforcement section and a lot of it is just transposition of existing elements of the original Act. I have two questions on that. In terms of our enforcement regime, is it really just a matter of increasing the resources of the planning authorities or does Mr. Flynn think there are other legislative provisions that we should be actively considering in terms of improving enforcement? Any of us who have been involved in or are knowledgeable on enforcement, particularly against egregious breaches of planning law, whether in terms of quarries or residential development, will know this is an area of real frustration. Has Mr. Flynn any thoughts on that?

Have there been considerations within the legal profession around whether there is a role for some level of administrative sanction at the earlier stages of enforcement? I have often wondered, for example, where somebody is clearly engaging in illegal activity and the local authority, as the planning enforcement body, is engaged in preparing a legal challenge through enforcement, if there are arguments for administrative fines prior to and building up to the court’s interventions to supplement that. Rather than one or the other, is there an argument for both on a phased and proportionate basis?

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