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

The role of the Minister and me in the planning system is to provide and update the legislation and policy guidance framework. The Minister cannot get involved in, or exercise any power in respect of, any particular case, including an enforcement issue with which a planning authority is or may be concerned. Responsibility for enforcement action in respect of any breach of the planning code is a matter for individual planning authorities. Part VIII of the Planning and Development Act 2000 sets out the comprehensive enforcement powers that are available to planning authorities.

Alongside general issues, the Deputy has raised issues with this specific case, as have Deputy Heydon and others. I have committed to considering whether these powers need to be strengthened in forthcoming planning legislation. They are already strong, though, and I expect local authorities to be in control and, where necessary, to enforce. We feel strongly in that regard. We review local authorities' powers constantly and will do so again under various Acts to determine whether strengthening them is necessary.

I agree with Deputy Catherine Murphy that there can be delays in planning authorities taking enforcement actions against unauthorised developments. Situations can arise where, for instance, damage is caused to roads by construction activity and, if not acted upon, can become a source of annoyance and inconvenience for local residents and result in a cost to the taxpayer. We need to strengthen our position on enforcement. Local authorities have been strengthened in financial and staffing terms. If we need to strengthen the legislation, we can consider doing so, but existing powers provide authorities with a good opportunity to enforce regulations in the way they should be.

Regarding annoyance, inconvenience and taxpayers' money, the earlier that individual cases of unauthorised developments or non-compliance with planning permissions are brought to the attention of planning authorities, the earlier the relevant enforcement powers provided for in the legislation can be activated by those authorities. In the event that it is considered that there is undue delay or failure on the part of a planning authority to address an enforcement issue, a complaint can be made to the Ombudsman. I am unsure as to whether that has happened in this case as I do not know the specifics, but it is an option. We will also consider powers in that regard.

When an issue is causing people distress and inconvenience, the local authority should use its position and powers.

See this speech in context