John Gormley (Dublin South East, Green Party)

As I indicated in the reply to Questions Nos. 197 and 198 of 27 September 2007, the non-completion of any development in line with the planning permission for that development is unauthorised development, which is an offence under the Planning Acts. Enforcement of planning control is a matter for the planning authorities, which have substantial enforcement powers and duties under the Planning Acts.

Section 156 of the Planning and Development Act 2000 provides that a person who is convicted of carrying out unauthorised development or of not complying with an enforcement notice will be liable on conviction on indictment to a fine not exceeding €12.7 million or to imprisonment for a term not exceeding two years or both. In the case of a summary conviction, the person will be liable to a fine not exceeding €1,905 or to imprisonment for a term not exceeding six months or both.

Section 156 also provides for substantial penalties for a person who, having been convicted of unauthorised development, continues the offence. These are a maximum fine of €12,700 for each day on which the offence is continued or imprisonment for a term not exceeding two years or both on conviction on indictment, and on summary conviction a fine not exceeding €508 for each day on which the offence is continued or imprisonment for a term not exceeding six months or both.

The substantial powers already given to planning authorities to deal with unauthorised development have been significantly strengthened in the Planning and Development (Strategic Infrastructure) Act 2006. This effectively reverses the burden of proof in the refusal of planning permission to a developer who has substantially failed to comply with a previous planning permission. Under the amended provisions the authority may refuse permission in such a case and the developer will have to go to the High Court if he or she wishes to apply to have the decision annulled. I am satisfied that planning authorities now have substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.

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