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

I thank Deputy Catherine Murphy for raising this important issue on unauthorised developments and how they are not being complied with. I do not have the details of this specific case and am I was not familiar with the story, but I am now aware of it.

At the outset, I will outline the Minister's role in relation to the planning system. It is mainly to provide and update the legislative and policy guidance framework. The legislative framework comprises the Planning and Development Act 2000, as amended, and the associated Planning and Development Regulations. Furthermore, my Department has issued a large number of planning guidelines under section 28 of the Planning Act to guide planning authorities in the implementation of the wider planning policy framework. Planning authorities and An Bord Pleanála are obliged to have regard to those guidelines in the exercise of their planning functions. The day-to-day operation of the planning system, however, is a matter for the individual planning authorities and under section 30 of the Act the Minister is specifically prohibited from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or the board is, or may be, concerned with.

Under planning legislation, any development that requires permission and does not have that permission is an unauthorised development. This is also the case with a development that is proceeding in breach of conditions laid down in the planning permission, or any exempted development that is carried out that does not comply with the limitations of that exemption. The planning code also provides that enforcement of planning control is a matter for the individual planning authorities, which can take action if a development does not have the required permission or where the terms of a permission have not been met. In this regard, planning authorities have substantial enforcement powers under the Act. First, a planning authority may issue an enforcement notice in connection with an unauthorised development, requiring such steps as the authority considers necessary to be taken within a specified period. If an enforcement notice is not complied with, the planning authority is further empowered to enter on the land and take such steps including the removal, demolition or alteration of any structure as is deemed necessary, as well as to recover any costs incurred in undertaking such actions. Second, a planning authority may also seek a court order under section 160 of the Act, requiring any particular action to be done or not to be done.

Taking account of the above points responsibility for enforcement action on any breach of the planning code is a matter for individual planning authorities under the powers available to them under the Planning Act. Accordingly, individual cases of unauthorised developments or non-compliance with planning permissions should be brought to the attention of the relevant planning authority, which can then take the necessary and timely action as provided for in planning legislation.

I am aware that Deputy Murphy has raised a specific case but it is not something I can get into because it is down to the local planning authority. We constantly review the powers available to the local planning authority through the planning code and the Planning Act, and we issue guidance on that also. A planning Bill is coming through the House currently and a second one is coming in the autumn. If any issues are raised from these cases or other cases we can look at it to see if we can strengthen the law. The enforcement of the law is at a local level and that is being strengthened there as well.

In some cases it can be an issue of resources. The Department makes it very clear that we try to work with local authorities to ensure resources are put back into local authorities, and in the context of making up for the last couple of years. The authorities should be in the position to deal with these cases. From a planning perspective the planning code is there and if we need to enhance it further we can look at it through the future planning Bills. I thank the Deputy for raising the general issue in the Chamber.

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