Peter Power (Limerick East, Fianna Fail)

I am happy to have an opportunity to speak on this Bill because I have long held the view that the planning legislation in this area, while not defective in its own right, requires supplementation. I commend Deputy Gilmore for putting this legislation on the agenda. The Bill is by no means a finished product. It is far from it and much work must be done to determine whether it fits into the general matrix of planning legislation. We must determine exactly how it affects the property rights and constitutional rights of developers and property owners. Having said that, it is a very welcome addition to the debate in this area.

At the heart of this debate is the conflict between the benefits conferred on developers and property owners by the granting of planning permission and their obligations to complete developments in full compliance with the planning permission guidelines. Having practised in this area for some years, I have no doubt that balance is firmly tilted in favour of the developer and property owner. This sort of legislation is very helpful in this regard.

I have long held the view that the existing statutory penalties simply do not incentivise developers to complete housing estates. We all know there has not been a culture of compliance with planning permission over the years. In fairness, this could have been forgiven in times of poor economic development when the building industry was on its knees. People might have turned the other way to facilitate some form of development and economic activity. However, the circumstances that now obtain are different and we must comply fully and should not tolerate unfinished estates, roads and services, including defective sewerage and water services. Every Member will know of examples.

Nothing concentrates the mind of a developer, builder or property owner who seeks to undertake a development more than a grant of planning permission. If one needs evidence of this, one need only consider the subject matters of the tribunals of recent years. The obtaining of a grant of planning permission is the key incentive for developers and builders. Legislation provides local authorities with the power, in one form or another, to withhold the granting of planning permission. This adds some strength to the substantial Act of 2000.

All of the sanctions that are currently in place put an onus on some party other than the developer to ensure compliance with planning permission guidelines. Under the roads and services indemnity which each property owner is given on the completion of an estate, the onus is on the residents or residents' association to bring proceedings against the developer. There is no obligation placed on the builder. This legislation provides, for the first time, the stick, albeit a blunt instrument, with which to ensure developers complete estates. It is very welcome and I commend Deputy Gilmore thereon.

Certain issues require very careful further consideration. For instance, one must consider the extent to which the blunt instrument might infringe upon the constitutional and property rights of developers. We must also consider carefully the possibility that local authorities using this new wide-ranging instrument might be exposed to actions for considerable damages against themselves.

In Limerick, there are serious cases of non-compliance associated with a number of developments. There is a clear and widely held perception throughout Limerick that the local authority is somehow unable and does not have the teeth to ensure full compliance with development guidelines and therefore I support, in general and in principle, this sort of legislation.

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