Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this Topical Issue on planning enforcement proceedings in respect of the unauthorised development of log cabins. I would point out that, under section 30 of the Planning and Development Act 2000, as amended, the Minister with responsibility for planning is specifically precluded from exercising any power or control in respect of any particular case with which a planning authority or the board is or may be concerned. This includes matters relating to enforcement under Part VIII of the Act by any planning authority.

Regarding the specific motion submitted by Deputy McGrath, the position is that all development proposals require planning permission unless they are specifically exempted under the Act or the supplementary Planning and Development Regulations 2001, as amended. In addition, national planning policy, guidelines and legislation do not dictate the types of material that must be used for housing. Accordingly, there is no prohibition on the use of timber in the construction of a house from a planning perspective, subject to the overall proposal for planning permission being in accordance with national, regional and local planning policy. Nor are there restrictions under the planning code on any person to apply for planning permission in respect of modular or log cabin-type accommodation. Furthermore, a range of factors have to be taken into account in the assessment of proposals for all forms of housing, including modular housing or log cabins, for example, requirements for access, car parking and amenity space as well as separate services such as water, drainage and electricity. It must also be noted that such proposals may also have implications for neighbouring properties and the visual amenity and character of the area, which must also be taken into consideration in the determination of a planning application.

An application for planning permission provides an opportunity for members of the public to make submissions or observations in respect of the proposed development. The planning authority is required to have regard to any submissions or observations received on a planning application during the public participation process in accordance with section 34 of the Act.

Importantly, it should be noted that Part VIII of the Act does not provide any regulation-making powers to the Minister with responsibility for planning in respect of enforcement. As such, this precludes the making of regulations that would allow for the pausing of enforcement proceedings in individual cases. Therefore, the issue raised is a matter for the relevant planning authority to investigate as appropriate on a case-by-case basis in accordance with section 153 of the Act. The decision to issue an enforcement notice in respect of an unauthorised development, and the contents of any such notice, is a matter for the relevant planning authority under section 154 of the Act.

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