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

I thank Deputy Catherine Murphy for raising this important issue which is the enforcement of planning law regarding unauthorised developments and consequential damage and maintenance issues concerning surrounding infrastructure. I am conscious that in her presentation she mentioned cases, the details of which I do not have and of which I am not aware. She has put them on the record and we can check them out. That may help to inform future decision-making but I cannot comment on something I did not know about until it was presented tonight.

On the issue the Deputy raised, I take this opportunity, as Minister of State, to outline my role in relation to the planning system which 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 issued a large number of planning guidelines under section 28 of the Planning Act to guide planning authorities in relation to the implementation of the wider planning policy framework which they and An Bord Pleanála are obliged to have regard to in the exercise of their planning functions.

However, the day-to-day operation of the planning system is a matter for the individual planning authorities and under section 30 of the Act, the Minister, Deputy Eoghan Murphy, and I are 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. The Deputy has outlined a number of cases, and will probably mention more later on, of which I have become aware but in which I do not have a role. It is worth hearing about them because, as we review policy, it is important we keep all scenarios in mind.

Under planning legislation, any development which requires permission and does not have that permission is unauthorised development. This is also the case with a development which 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.

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. For example, a person can be required to cease carrying out unauthorised development or can be required to restore any land to its condition prior to the unauthorised activity being carried out.

Taking account of these points, responsibility for enforcement action in respect of any breach of the planning code is a matter for individual planning authorities under the powers available to them under the 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.

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