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

My ministerial role in the planning system is to provide and update the legislative and policy guidance framework. As the Deputy is aware, I 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. Recently, though, I have stated that we are prepared to examine this area. We set policy and guidance, which I am happy to have reviewed to see if we need to strengthen it. We are in talks with local authorities around the country concerning various issues. In terms of dereliction and vacant properties, for example, we have examined whether their enforcement powers need to be strengthened and whether the Act is strong enough. That is something that I can talk about and am happy to discuss. We can review the policy and legislative situation in respect of the cases the Deputy raised but the cases themselves must be dealt with individually by each local authority. Responsibility for enforcement action in respect of any breach of the planning code is a matter for individual planning authorities. In the cases the Deputy referenced, that is Kildare County Council.

Part VIII of the Planning and Development Act 2000 sets out the comprehensive enforcement powers that are available to planning authorities. If we need to strengthen them in general, that is something that we can review. Indeed, we review it on an ongoing basis, and changes were made a number of years ago to the planning code. I agree with the Deputy that local authorities should be in a strong position and be able to use their powers when they feel doing so is appropriate. I also agree that there can be delays in planning authorities taking enforcement action against unauthorised developments and that situations may arise in which those developments impact on the surrounding infrastructure. For instance, if damage is caused to roads by certain construction activity and is not acted upon, it can at the very least be a source of annoyance or inconvenience for local residents, never mind the additional cost it incurs for us all.

It is important that there be enforcement, and at an early stage where possible. The earlier that an instance of unauthorised development or non-compliance with planning permission is brought to the attention of the relevant planning authority, the earlier the relevant enforcement powers provided for in legislation can be activated by the authority. Where authorities deem it fit, these powers should be activated as quickly as possible in such situations.

In general, I would be happy to examine enforcement powers to see if they can be strengthened.

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