Oireachtas Joint and Select Committees

Wednesday, 10 April 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

There are two things to consider. The enforcement notice itself should detail what actions need to be taken with regard to a site. That is the first thing. The legislation guides that. Regarding section 130(8), I take the point that has been raised because it looks like we are giving an exception in that piece, which is not its intention because the enforcement notice will detail what works have to take place and that is a legal notice. I will have to get clarity about that piece. Section 317(2)(d) states "require such steps (including, where appropriate, the removal, demolition or alteration of any structure, the discontinuance of any use and, in so far as is practicable, the restoration of the land or maritime site to the condition that it was in prior to the commencement of the development) as may be specified in the enforcement notice to be taken by the person or persons on whom the enforcement notice is served within a specified period". That is clear about what an enforcement notice does. The one point I do take from this is that section 130(8) could be stronger. I will ask officials to look at that. I know we are not reading in isolation now and we should not read in isolation anyway but the piece about the enforcement notice in section 317 details what can be done and included there. I will look at section 130(8) to try to remove any ambiguity that might be there or confusion around that. The enforcement notice will detail what you need to do with that site.

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