Damien English (Meath West, Fine Gael) | Oireachtas source

I move amendment No. 60:

In page 38, between lines 39 and 40, to insert the following:“(c) may not be exercising its enforcement functions under Part VIII appropriately to ensure compliance in its administrative area with the Planning and Development Acts 2000 to 2017, including enforcement consequent on the issue to it of any policy directive under section 29 for the purpose of such compliance,”.

I undertook on Committee Stage to examine Deputy Ryan's proposed amendment regarding planning enforcement with a view to bringing forward an appropriately worded amendment to allow the Minister to ask the office of the planning regulator to conduct a review of a planning authority where there may be issues around the exercise of its enforcement functions. One of the key functions of the regulator is to undertake reviews of systems and procedures of planning authorities and An Bord Pleanála in relation to the performance of their functions under the planning Acts.

Under existing planning legislation the enforcement of planning control is a matter for the relevant authority which can take action under the extensive enforcement provisions provided for under Part VIII of the Act if a development does not have the required permission or where the terms of the permission have not been met. Under section 29 of the Act the Minister can issue policy directives regarding a number of issues, including enforcement. The most recent ministerial policy directive regarding enforcement was issued in May 2013. Having examined the matter in detail, I consider that it would be prudent to have a specific provision in the Bill regarding enforcement.

Government amendment No. 60 provides that the Minister can request the office of the planning regulator to conduct a review of a planning authority where he or she has formed the opinion that the planning authority may not be exercising its enforcement functions under Part VII in a manner to ensure compliance with planning law in its area, including compliance with ministerial directives on the issue. Government amendments Nos. 62 to 65, inclusive, are minor technical amendments which are consequential on amendment No. 61. I do not propose to accept amendment No. 61 as drafted by Deputy Ryan as I believe the proposed amendments to which I have just referred will better address the issue of enforcement by allowing the Minister to ask the regulator to conduct a review of a planning authority where there may be issues around the exercise of its planning enforcement functions. I hope Deputy Ryan and his colleagues can accept my amendments to address issues with planning enforcement and will withdraw amendment No. 61.

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