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

I have certainly encountered this issue in terms of apartment defects. The suggestion that the Statute of Limitation should start from the date of independent verification or discovery is being examined in that context. I know what the Deputies’ point is. I will reflect on it, if that is okay.

In this instance, the development is unauthorised. If someone did not have planning permission at all but built a house anyway, it would still be unauthorised if it was only discovered post seven years.

It cannot be sold. As a result, the owner will have to opt for retention and go through the planning process. That opens up the observation period. Having said that, if a person had permission and did something contrary to the conditions, planning permission for a development, let us say, and the planning conditions are the legal permission that is given, the application will not be timed out because of not fulfilling the conditions of a planning permission. However, I know of instances, as Deputy O'Callaghan does, whereby people have only discovered something after that period. I am going to reflect on this point. There is a balance to be struck, and I was not in any way trying to be smart in my response to the Deputy. We want to make sure there is a level of urgency among the local authorities. It would be interesting to know how many enforcement actions - and this goes to the point the Cathaoirleach made earlier - are taken or the number of times the process has been started due to the public raising matters, as opposed to it being initiated by a planning authority of its own volition. That is the type of thing I will have a look at.

In relation to conditions, section 320(5) states:

... enforcement action may be taken at any time in respect of any condition concerning the ongoing use of land or a maritime site to which the permission is subject, and proceedings for an offence under section 317may be brought and prosecuted at any time ...

This deals with someone operating outside of their conditions so there is no time limit but give us a bit of time before Report Stage. If Deputy Ó Broin intends to bring an amendment, I will reflect on it also to see if we can find a balance. If there is any good reason why we cannot do it, I will let the Deputies know, but I will look at it. I take the point. I have come across those issues.