Mr. Paul Hogan:

Enforcement of a planning condition is and will remain a matter for the relevant local authority. The enforceability of the condition relates to how clearly worded it was and what was understood at the time. I do not know if it directly responds to this question but the revised section 8, with regard to declarations, includes a new element whereby a permission can be clarified. It is possible for a landowner or an applicant to seek clarity from a local authority as to what the intent of the permission was in cases where there might be ambiguity. What we are saying is that the condition needs to be clear and enforceable but we are looking at a mechanism for this.