Dáil debates
Thursday, 21 March 2024
Saincheisteanna Tráthúla - Topical Issue Debate
Planning Issues
3:55 pm
Niall Collins (Limerick County, Fianna Fail) | Oireachtas source
Of course, and I fully understand the points the Deputy is making. I come across this issue in my own constituency regularly. The Deputy pointed out an instance in my constituency of which he was aware.
I will make the Minister aware of the points that the Deputy has raised. The Minister cannot halt an enforcement. Under the law of the land, he cannot step in and write a statutory instrument or create a regulation to halt an enforcement. He just does not have that authority or power as Minister under the planning Act, as the Deputy will appreciate. However, there are ways that the local authority in question can deal with it. Enforcement is one way, and the Deputy is trying to find a way out of that. The individual can apply for retention. Depending on the outcome of that application, he could apply to An Bord Pleanála for the board to consider the matter. He could vary the proposal and make another application. There are many avenues open here, but the Minister does not have an avenue open to him to create a statutory instrument or regulation to intervene in enforcement proceedings that are before the court.
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