Mr. Gavin Lawlor:

The Deputy asked why the provision is needed if there are enforcement provisions. Enforcement, historically, has been chronically underfunded in all planning authorities, and much of the time, enforcement officers are not planners and do not have planning qualifications. They make certain planning judgments by relying on the planning team. They go to a planning conference, say they have an issue and ask what people think. One of the benefits of the section 5 reference, therefore, is that the enforcement officer can say to the complainant that it would be a good idea if a given case were done as a section 5 reference because if he or she has a section 5 reference, he or she will be bound by that and can make a decision as to whether it is or is not development and what to the complainant needs to do to resolve the situation. It is helpful from that perspective.