Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

The Minister has put forward an interesting counterargument.

I personally do not buy it. The problem is that in some cases things time out because, as we know, local authorities and enforcement authorities can be slow in this whole area. It also happens that the issues sometimes do not arise. There have been well-publicised cases where unauthorised development has come to light. Someone builds a structure, building or whatever and because it is found eight years afterwards, enforcement action cannot be taken so it is grand for them to carry on as is, even though the person or entity operated without planning permission. Local authorities are not fast enough in this area but I do not think extending the period to 15 years will lead to less enforcement action. It means there can be recourse in cases that time out and people escape enforcement action. If it is something minor and immaterial, so be it, but it might be something substantial that comes to light in year eight.

I have often seen problems start to emerge but it takes time for people to get on top of the issue, assemble the facts and all that sort of stuff. People who raise enforcement issues may not have engaged with enforcement before and may not know their way around planning law. All of that can lead to delays. We see cases timing out at seven years and local authorities say there is nothing they can do because the matter has timed out.

Even if the Minister is not inclined to accept my proposal for a 15-year period, perhaps he will consider another period. Seven years is too tight in a number of instances, which means totally unauthorised developments where an enforcement action should have been taken benefit from the seven-year limit.